My point I guess is that mediation is not all linear and purposeful as it might appear in the competition environment, with polite openings with the usual platitudes, logical issue identification, measured joint meetings, ordered caucusing and win/win agreements…. it’s… well… messier, I guess.
Any active mediator or mediation advocate will experience a huge range of mediations from corporate to personal, from cash and carry to multi party, multi-faceted, high conflict emotional situations....
A recent case out of the District of Oregon, Sixel, LLC v. Penning, No. 6:17-cv-01846-AA, has a fairly typical fight over whether or not a claim needs to be arbitrated, but in this case it's the employer who doesn't want to arbitrate and the employees who are fighting to enforce the arbitration clause.
The case involves allegations of trade secret theft, and Sixel relies on the fact that the arbitration clause permits it to pursue injunctive relief in the court. However, the employees...
Elayne E. Greenberg, Professor of Legal Practice, Assistant Dean of Dispute Resolution Programs, and Director of the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law, has published “Hey, Big Spender: Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders,” Forthcoming in Arizona State Law Journal Spring 2019; St. John’s Legal Studies Research Paper No. 19-0002. In her journal...
A quantum computer isn't just a more powerful version of the computers we use today; it's something else entirely, based on emerging scientific understanding -- and more than a bit of uncertainty. Enter the quantum wonderland with TED Fellow Shohini Ghose and learn how this technology holds the potential to transform medicine, create unbreakable encryption and even teleport information.
Companies struggling to conquer Alzheimer's have been hindered by the side effects to patients even when there have been promising results. A start-up out of Dublin may be on the right path though they are hesitant to claim that they have solved the mystery of the disease.
United Neuroscience Inc. reports results from a small clinical, Phase II trial that show a 96% response from patients given the vaccine and without any serious side effects. The trial consisted of 42 individuals with mild cognitive...
Despite ferocious job growth in the overall economy during the month of December in which 312,000 jobs were added, the legal sector ended the year on a negative note by dropping 600 total jobs according to the latest reportfrom the Bureau of Labor Statistics. BLS also revised its job loss report for November 2018 by decreasing the number of jobs lost from the original figure of 2,400 to only 1,300 jobs lost. In light of that revised figure, it means the number of legal sectors jobs, a category...
Parents are supporting their children beyond their formidable years according to a current trend. Merrill Lynch conducted a study that found that 79% of parents continue to provide financially for their adult children, not only for the big purchases such as college and weddings but also for the everyday expenses such as rent, groceries, and bills. This amounts to $500 billion annually from parents, twice as much as being contributed to retirement accounts. 63% of parents said in the study...
Arbitration: Law, Policy, and Practice provides the ideal blend of arbitration case law, problems, and experiential exercises for students. This book features a full arbitration case file to enable students to experience the arbitration hearing from beginning to end, whether in the role of party, lawyer, or neutral. Special chapters on all aspects of the arbitration process enable students to explore the practical side of arbitration through the lens of both arbitrator and advocate. The book also...