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Guided Choice Mediation – A Better Way To Settle Disputes
September 27, 2019
Guided Choice substantially expands the mediator’s role to that of a full partner with both parties in getting to the heart of their dispute and the most efficient route to its resolution. It empowers the mediator to work closely with both parties’ counsel well before any mediation session is scheduled, and to guide the parties along the path to settlement. I recommend the more complete description of Guided Choice and related resources available on the Guided Choice website. The key elements...
September 27, 2019
Guided Choice substantially expands the mediator’s role to that of a full partner with both parties in getting to the heart of their dispute and the most efficient route to its resolution. It empowers the mediator to work closely with both parties’ counsel well before any mediation session is scheduled, and to guide the parties along the path to settlement. I recommend the more complete description of Guided Choice and related resources available on the Guided Choice website. The key elements...
Netflix’s Flawed Arbitration Agreement and a Recent Sixth Circuit Opinion
September 26, 2019
Earlier this week, when I was trying to access Netflix on my television with my kids, Netflix would not allow me to view...
September 26, 2019
Earlier this week, when I was trying to access Netflix on my television with my kids, Netflix would not allow me to view...
Comprehensive Study of Reversal Rates in Texas Appeals
September 25, 2019
Haynes and Boone, LLP Partner Kent Rutter and Associate Natasha Breaux have completed a study of all non-criminal...
September 25, 2019
Haynes and Boone, LLP Partner Kent Rutter and Associate Natasha Breaux have completed a study of all non-criminal...
Building Trust
September 24, 2019
Well, the Harvard Business Review has a slightly different answer to the question of how to build trust. In an article entitled, “The Simplest Way to Build Trust” by David DeSteno (posted June 2, 2014), the author states that the simplest way to do this, “…is to employ one of the mind’s most basic mechanisms for determining loyalty: the perception of similarity. If you can make someone feel a link with you, his empathy and willingness to cooperate with you will increase.”...
September 24, 2019
Well, the Harvard Business Review has a slightly different answer to the question of how to build trust. In an article entitled, “The Simplest Way to Build Trust” by David DeSteno (posted June 2, 2014), the author states that the simplest way to do this, “…is to employ one of the mind’s most basic mechanisms for determining loyalty: the perception of similarity. If you can make someone feel a link with you, his empathy and willingness to cooperate with you will increase.”...
Who Decides Who Decides? – The Turf War Continues
September 23, 2019
When you see me in the street, you can tell that I’m a pro-arbitration kind of guy. I wear my FAA hoodie, usually with the hood down, the better for you to admire my snowy white hair and furrowed, gravitas-laden brow. So when a US Court of Appeals takes a swing at arbitration, my instinct is to swing back. Fifth Circuit, take this 🤜. (As a response to the decision here discussed, Archer & White Sales, Inc. v. Henry Schein, Inc., 2019 WL 3812352 (5th Cir. Aug. 14, 2019)). Actually,...
September 23, 2019
When you see me in the street, you can tell that I’m a pro-arbitration kind of guy. I wear my FAA hoodie, usually with the hood down, the better for you to admire my snowy white hair and furrowed, gravitas-laden brow. So when a US Court of Appeals takes a swing at arbitration, my instinct is to swing back. Fifth Circuit, take this 🤜. (As a response to the decision here discussed, Archer & White Sales, Inc. v. Henry Schein, Inc., 2019 WL 3812352 (5th Cir. Aug. 14, 2019)). Actually,...
The Great Enrollment Crash
September 22, 2019
Chronicle of Higher Education, The Great Enrollment Crash: Students aren’t showing up. And it’s only going to get worse. ... Higher education has fully entered a new structural reality. You’d be naïve to believe that most colleges will be able to ride out this unexpected wave as we have previous swells. Those who saw modest high-school graduation dips by 2020 as surmountable must now absorb the statistical reality: Things are only going to get worse. As Nathan Grawe has shown,...
September 22, 2019
Chronicle of Higher Education, The Great Enrollment Crash: Students aren’t showing up. And it’s only going to get worse. ... Higher education has fully entered a new structural reality. You’d be naïve to believe that most colleges will be able to ride out this unexpected wave as we have previous swells. Those who saw modest high-school graduation dips by 2020 as surmountable must now absorb the statistical reality: Things are only going to get worse. As Nathan Grawe has shown,...
Suffolk Legal Writing Students Will Get Free Licenses to WordRake Editing Software
September 21, 2019
Students in the first-year legal writing program at Suffolk University Law School this year will get free licenses to WordRake, a legal editing and proofreading add-in for Microsoft Word and Outlook designed for lawyers and other legal professionals. Suffolk’s legal writing program ranked third best in the nation in the U.S. News & World Report 2020 Best Law Schools Guide. The program’s director, Kathleen Elliott Vinson, said that WordRake is helpful to students because it requires...
September 21, 2019
Students in the first-year legal writing program at Suffolk University Law School this year will get free licenses to WordRake, a legal editing and proofreading add-in for Microsoft Word and Outlook designed for lawyers and other legal professionals. Suffolk’s legal writing program ranked third best in the nation in the U.S. News & World Report 2020 Best Law Schools Guide. The program’s director, Kathleen Elliott Vinson, said that WordRake is helpful to students because it requires...
Stamina Succeeds
September 20, 2019
You Need the Stamina and Mindset of a Professional Athlete to Make It in Business (more)a reminder that success takes stamina, and you get stamina by training and experience (more) It wasn’t until my mid-30s that I finally got to see some very successful people up close for long enough to notice a strong pattern: the most successful have a lot more energy and stamina than do others. Which was a disappointment, as I could clearly see that I didn’t have as much stamina as they. The...
September 20, 2019
You Need the Stamina and Mindset of a Professional Athlete to Make It in Business (more)a reminder that success takes stamina, and you get stamina by training and experience (more) It wasn’t until my mid-30s that I finally got to see some very successful people up close for long enough to notice a strong pattern: the most successful have a lot more energy and stamina than do others. Which was a disappointment, as I could clearly see that I didn’t have as much stamina as they. The...
Pouring a Little Psychological Cold Water on ODR
September 19, 2019
Jean R. Sternlight, Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published a journal article titled, “Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution),” Journal of Dispute Resolution, Forthcoming. In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”). Here is the abstract: This Article examines the strengths...
September 19, 2019
Jean R. Sternlight, Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published a journal article titled, “Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution),” Journal of Dispute Resolution, Forthcoming. In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”). Here is the abstract: This Article examines the strengths...
Texas Court Concludes There was a Fact Question as to Whether A Hand-Written Document was a Will
September 18, 2019
The decedent handwrote and signed a document which provided, “Karen Grenrood is my executor, administrator, [and] has all legal...
September 18, 2019
The decedent handwrote and signed a document which provided, “Karen Grenrood is my executor, administrator, [and] has all legal...
