Blog Archives
Commercial Vehicle Crashes Cause Litigation Boom for Texas Lawyers
September 24, 2014
The oil and gas boom has been great for M&A lawyers in Texas, but another group of attorneys are also seeing a major increase in business: trial lawyers suing and defending commercial trucking companies operating in the Eagle Ford and Permian Basin shale plays. The number of commercial vehicles involved in serious or fatal crashes in those areas has increased by nearly 115 percent over the past four years. Scores of lawsuits have been filed. Million-dollar jury verdicts have been returned. Even The Texas...
September 24, 2014
The oil and gas boom has been great for M&A lawyers in Texas, but another group of attorneys are also seeing a major increase in business: trial lawyers suing and defending commercial trucking companies operating in the Eagle Ford and Permian Basin shale plays. The number of commercial vehicles involved in serious or fatal crashes in those areas has increased by nearly 115 percent over the past four years. Scores of lawsuits have been filed. Million-dollar jury verdicts have been returned. Even The Texas...
Remembering to See the Wood for the Trees – A Mediator’s Reality Check
September 24, 2014
“When you look into the abyss, the abyss looks into you.” (Nietzsche) Relationship breakdown and the resulting fall-out is an abyss most people do not like to look into, even as they tumble into it. As family mediators, our job is to accompany and support people’s navigation into, through and, hopefully, out of the abyss again. This is not an easy task, and based on my discussions with fellow family mediators at a recent meeting, it is all too easy fall into the trap of either carrying, or pushing...
September 24, 2014
“When you look into the abyss, the abyss looks into you.” (Nietzsche) Relationship breakdown and the resulting fall-out is an abyss most people do not like to look into, even as they tumble into it. As family mediators, our job is to accompany and support people’s navigation into, through and, hopefully, out of the abyss again. This is not an easy task, and based on my discussions with fellow family mediators at a recent meeting, it is all too easy fall into the trap of either carrying, or pushing...
What Makes a Good Negotiator? Maybe Not What You Think
September 24, 2014
1. Beliefs about negotiation. Those who think negotiators are born with innate skills didn’t perform as well as those who think people can improve their ability to negotiate. Just being aware that your results can improve can have a positive impact on your talks. Research also finds that those who approach negotiations with a positive attitude and high expectations tend to do better. 2. Selfishness and selflessness. Negotiators who are the most concerned about their own outcomes achieve...
September 24, 2014
1. Beliefs about negotiation. Those who think negotiators are born with innate skills didn’t perform as well as those who think people can improve their ability to negotiate. Just being aware that your results can improve can have a positive impact on your talks. Research also finds that those who approach negotiations with a positive attitude and high expectations tend to do better. 2. Selfishness and selflessness. Negotiators who are the most concerned about their own outcomes achieve...
5 Words Used By Liars
September 23, 2014
“That” when stated before a person, thing, or place, can suggest that a person is trying to distance himself from a person or comment. Someone proven to be a liar famously stated, “I did not have sexual relations with That woman, Monica Lewinsky. “Never” is usually used to overemphasize a negative phase. The answer could easily be no, but there is a reason why the person is using Never. She wants to emphasize the negative; perhaps to take you off the trail of the lie. “Did you have...
September 23, 2014
“That” when stated before a person, thing, or place, can suggest that a person is trying to distance himself from a person or comment. Someone proven to be a liar famously stated, “I did not have sexual relations with That woman, Monica Lewinsky. “Never” is usually used to overemphasize a negative phase. The answer could easily be no, but there is a reason why the person is using Never. She wants to emphasize the negative; perhaps to take you off the trail of the lie. “Did you have...
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part III)
September 23, 2014
In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights “five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict.” Those five trends are: increasing use of technology, increasing globalization, expanding understanding and insights through behavioral science and “big data,” longer productive lives (active retirement), and increased opportunities for ADR education and credentialing...
September 23, 2014
In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights “five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict.” Those five trends are: increasing use of technology, increasing globalization, expanding understanding and insights through behavioral science and “big data,” longer productive lives (active retirement), and increased opportunities for ADR education and credentialing...
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part II)
September 23, 2014
In Part II of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich discusses which of the dispute resolution methods from the end of the twentieth century are still used today and describes the current situation of dispute resolution in the construction industry. He first explains that partnering (explained in Part I) never really came into general use and “is typically a feature of public construction programs…” He notes, however, that “some...
September 23, 2014
In Part II of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich discusses which of the dispute resolution methods from the end of the twentieth century are still used today and describes the current situation of dispute resolution in the construction industry. He first explains that partnering (explained in Part I) never really came into general use and “is typically a feature of public construction programs…” He notes, however, that “some...
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part I)
September 23, 2014
Professor Stipanowich has recently completed another article for The Construction Lawyer titled Managing Construction Conflict: Unfinished Revolution, Continuing Evolution which discusses the evolution of different dispute resolution methods in the construction industry. While his paper focuses on the evolution of these methods in the construction industry, several of his findings are also indicative of trends in ADR evolution more generally. In the following days we will be highlighting the different...
September 23, 2014
Professor Stipanowich has recently completed another article for The Construction Lawyer titled Managing Construction Conflict: Unfinished Revolution, Continuing Evolution which discusses the evolution of different dispute resolution methods in the construction industry. While his paper focuses on the evolution of these methods in the construction industry, several of his findings are also indicative of trends in ADR evolution more generally. In the following days we will be highlighting the different...
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution
September 23, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law just completed yet another article for a special issue of The Construction Lawyer titled: Managing Construction Conflict: Unfinished Revolution, Continuing Evolution; Pepperdine University Legal Studies Research Paper No. 2014/22. Here is the abstract: Two decades ago many believed we were experiencing...
September 23, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law just completed yet another article for a special issue of The Construction Lawyer titled: Managing Construction Conflict: Unfinished Revolution, Continuing Evolution; Pepperdine University Legal Studies Research Paper No. 2014/22. Here is the abstract: Two decades ago many believed we were experiencing...
Negotiation Tips From Big Bang Theory
September 22, 2014
Big Bang Theory is one of the most popular shows on CBS, and is a simple testament to my inner geek. I love the show, the science, and the complicated scientific principles that seem so funny. One reason I believe that the show is so successful is that most of us, in some way, are also inner geeks. Whether in law, medicine, technology or otherwise. I thought I would use some of the Big Bang scenes to demonstrate some negotiation tips. 1. What You Don’t Know About Your Case and Your Situation...
September 22, 2014
Big Bang Theory is one of the most popular shows on CBS, and is a simple testament to my inner geek. I love the show, the science, and the complicated scientific principles that seem so funny. One reason I believe that the show is so successful is that most of us, in some way, are also inner geeks. Whether in law, medicine, technology or otherwise. I thought I would use some of the Big Bang scenes to demonstrate some negotiation tips. 1. What You Don’t Know About Your Case and Your Situation...
Dynamos, Cruisers and Losers
September 22, 2014
Most mediators I meet are not losers – although in many unregulated jurisdictions, there is no doubt there are those who do not meet the basic standards of our profession yet still call themselves mediators. In fact, most mediators I meet would say they are certainly not in a job or even have a career – they are far more likely to view what they do as a ‘calling’ and on the basis of that would put themselves squarely in the classroom reserved for dynamos. But I wonder – how many mediators,...
September 22, 2014
Most mediators I meet are not losers – although in many unregulated jurisdictions, there is no doubt there are those who do not meet the basic standards of our profession yet still call themselves mediators. In fact, most mediators I meet would say they are certainly not in a job or even have a career – they are far more likely to view what they do as a ‘calling’ and on the basis of that would put themselves squarely in the classroom reserved for dynamos. But I wonder – how many mediators,...
