Blog Archives
Online Dispute Resolution Service FairClaims Takes On AAA and JAMS with New Offering
May 7, 2021
The online dispute resolution service FairClaims is taking on established commercial arbitration services such as JAMS and the American Arbitration Association with a new offering that it says will resolve disputes far faster and at a fraction of the cost. FairClaims’ new FastTrack Arbitration service is designed for business disputes of $25,000 or more, with a particular focus on disputes involving small- and medium-sized businesses or that are handled...
May 7, 2021
The online dispute resolution service FairClaims is taking on established commercial arbitration services such as JAMS and the American Arbitration Association with a new offering that it says will resolve disputes far faster and at a fraction of the cost. FairClaims’ new FastTrack Arbitration service is designed for business disputes of $25,000 or more, with a particular focus on disputes involving small- and medium-sized businesses or that are handled...
Cognitive Biases: Mistakes or Missing Stakes?
May 6, 2021
Despite decades of research on heuristics and biases, empirical evidence on the effect of large incentives—as present in relevant economic decisions—on cognitive biases is scant. This paper tests the effect of incentives on four widely documented biases: base rate neglect, anchoring, failure of contingent thinking, and intuitive reasoning in the Cognitive Reflection Test. In laboratory experiments with 1,236 college students in Nairobi, we implement three incentive levels: no incentives, standard...
May 6, 2021
Despite decades of research on heuristics and biases, empirical evidence on the effect of large incentives—as present in relevant economic decisions—on cognitive biases is scant. This paper tests the effect of incentives on four widely documented biases: base rate neglect, anchoring, failure of contingent thinking, and intuitive reasoning in the Cognitive Reflection Test. In laboratory experiments with 1,236 college students in Nairobi, we implement three incentive levels: no incentives, standard...
New Platform Launches to Quickly Resolve Disputes; Could Its Timing Be Just Right?
May 5, 2021
For New Era ADR, which is launching today, this could well be the right place and the right time. The company is launching as a fully virtual mediation and arbitration platform that promises to resolve business disputes in 100 days or less and save businesses up to 90% in time and expenses. “In over 15 years, I’ve not met a single business that actually wanted to fight tooth and nail in a dispute,” said Rich Lee, a former general counsel who is New Era’s cofounder and CEO. “Without...
May 5, 2021
For New Era ADR, which is launching today, this could well be the right place and the right time. The company is launching as a fully virtual mediation and arbitration platform that promises to resolve business disputes in 100 days or less and save businesses up to 90% in time and expenses. “In over 15 years, I’ve not met a single business that actually wanted to fight tooth and nail in a dispute,” said Rich Lee, a former general counsel who is New Era’s cofounder and CEO. “Without...
What is an Appropriate Measure of Litigation? Quantification, Qualification and Differentiation of Dispute Resolution
May 4, 2021
This article reviews the claims about rates of litigation in the United States, as either “too much” or “too little” (e.g. “The Vanishing Trial”). While we need to understand aggregate litigation rates to assess access to justice, it may be more important to understand litigation rates in the context of differentiated case types. Litigation, in some cases, produces too “brittle” (binary) or costly outcomes, which is what led to the American “A” (alternative/appropriate) Dispute...
May 4, 2021
This article reviews the claims about rates of litigation in the United States, as either “too much” or “too little” (e.g. “The Vanishing Trial”). While we need to understand aggregate litigation rates to assess access to justice, it may be more important to understand litigation rates in the context of differentiated case types. Litigation, in some cases, produces too “brittle” (binary) or costly outcomes, which is what led to the American “A” (alternative/appropriate) Dispute...
Immersive View – Classrooms But Not Mediation Breakout Rooms
May 3, 2021
Meeting and webinar hosts can select Zoom’s Immersive View the same way they would select the Speaker or Gallery View. When enabling Immersive View, hosts will have the option to automatically or manually place participants into a virtual scene of their choosing. Hosts can also easily move participants around that scene and even resize a participant’s image for a more natural experience. Can I use the Immersive View in a Breakout Room? It is not currently available in Breakout...
May 3, 2021
Meeting and webinar hosts can select Zoom’s Immersive View the same way they would select the Speaker or Gallery View. When enabling Immersive View, hosts will have the option to automatically or manually place participants into a virtual scene of their choosing. Hosts can also easily move participants around that scene and even resize a participant’s image for a more natural experience. Can I use the Immersive View in a Breakout Room? It is not currently available in Breakout...
Appreciation of Dwight Golann
May 2, 2021
s you may have heard, Dwight Golann will receive the ABA Section of Dispute Resolution’s scholarship award this year. He continues to practice mediation and his mediations clearly inform his work. His ideas are realistic and pragmatic, helping us move toward more sophisticated understandings. Several recent examples describe common patterns of loss and grief, mediators’ subtle expressions that don’t neatly fit into the traditional facilitative-evaluative typology,...
May 2, 2021
s you may have heard, Dwight Golann will receive the ABA Section of Dispute Resolution’s scholarship award this year. He continues to practice mediation and his mediations clearly inform his work. His ideas are realistic and pragmatic, helping us move toward more sophisticated understandings. Several recent examples describe common patterns of loss and grief, mediators’ subtle expressions that don’t neatly fit into the traditional facilitative-evaluative typology,...
‘A Coming of Age for Legal Tech’: Exclusive Interview with CEO Jack Newton on Clio’s $1.6B Valuation
April 30, 2021
“What I’ve observed over the last 12-18 months is the amount of inbound interest from the investor side in legal tech has increased by an order of magnitude, and I think alongside other spaces like fintech before it, legal tech is now truly coming into its own and really starting to gain the interest of truly world-class investors,” Newton said. This latest funding round was led by funds and accounts advised by T. Rowe Price Associates, Inc. and also included OMERS Growth...
April 30, 2021
“What I’ve observed over the last 12-18 months is the amount of inbound interest from the investor side in legal tech has increased by an order of magnitude, and I think alongside other spaces like fintech before it, legal tech is now truly coming into its own and really starting to gain the interest of truly world-class investors,” Newton said. This latest funding round was led by funds and accounts advised by T. Rowe Price Associates, Inc. and also included OMERS Growth...
Lex Machina Expands Its Analytics Coverage Of California State Courts
April 27, 2021
Ever since LexisNexis acquired Lex Machina in 2015, a priority has been expanding its federal court legal analytics into new practice areas. It now covers 16 federal practice areas, ranging from antitrust and copyright to securities and trade secrets. More recently, it has made state court expansion a top priority. In addition to these California courts, it also provides analytics for: Fort Bend County, Texas, County Court and County District Court.Harris County, Texas, County Court...
April 27, 2021
Ever since LexisNexis acquired Lex Machina in 2015, a priority has been expanding its federal court legal analytics into new practice areas. It now covers 16 federal practice areas, ranging from antitrust and copyright to securities and trade secrets. More recently, it has made state court expansion a top priority. In addition to these California courts, it also provides analytics for: Fort Bend County, Texas, County Court and County District Court.Harris County, Texas, County Court...
Competing Algorithms for Law: Sentencing, Admissions, and Employment
April 23, 2021
Algorithms have found their way into courtrooms, college admission committees, and human resource departments. While defendants and other disappointed parties have challenged the use of algorithms on the basis of due process or similar objections, it should be expected that they will also challenge their accuracy, and attempt to present algorithms of their own in order to contest the decisions of judges and other authorities. The problem with this approach is that people who can transparently see why they...
April 23, 2021
Algorithms have found their way into courtrooms, college admission committees, and human resource departments. While defendants and other disappointed parties have challenged the use of algorithms on the basis of due process or similar objections, it should be expected that they will also challenge their accuracy, and attempt to present algorithms of their own in order to contest the decisions of judges and other authorities. The problem with this approach is that people who can transparently see why they...
