Blog Archives
Texas Bar Litigation Chair’s Report—Hon. Xavier Rodriguez
March 29, 2021
To most change isn't easy and to some change is frightening. Some psychologists believe change should occur slowly to establish efficacy. We as lawyers are very reluctant to embrace change. Since the meltdown of 2008, the legal industry has undergone profound and disorienting challenges. Clients want things done faster but want to be charged less. Pressures are being exerted to adopt technology to automate processes. Alternative Legal Service Providers are being touted as potential solutions...
March 29, 2021
To most change isn't easy and to some change is frightening. Some psychologists believe change should occur slowly to establish efficacy. We as lawyers are very reluctant to embrace change. Since the meltdown of 2008, the legal industry has undergone profound and disorienting challenges. Clients want things done faster but want to be charged less. Pressures are being exerted to adopt technology to automate processes. Alternative Legal Service Providers are being touted as potential solutions...
A New and Interesting Take on Measuring Case Complexity
March 28, 2021
Most judicial decisionmaking papers can be criticized for inadequately controlling for variation in "case complexity." Lingering disputes over what "complexity" even means in terms of litigated cases only increase the degree of difficulty in constructing such a control. And even if a consensus on what "case complexity" means existed, constructing a reliable, consistent, and stable measure introduces additional challenges. Difficulties, conceptual and mechanical, aside, a recent paper, Measuring...
March 28, 2021
Most judicial decisionmaking papers can be criticized for inadequately controlling for variation in "case complexity." Lingering disputes over what "complexity" even means in terms of litigated cases only increase the degree of difficulty in constructing such a control. And even if a consensus on what "case complexity" means existed, constructing a reliable, consistent, and stable measure introduces additional challenges. Difficulties, conceptual and mechanical, aside, a recent paper, Measuring...
The Myers-Briggs Personality Test and Theory-Induced Blindness in Legal Scholarship
March 27, 2021
Last week, I posted about my new article, Theory Induced Blindness in Legal Scholarship. A couple of days ago, I ran across another article that questioned the Myers-Briggs personality test, which has been used in psychology, education and business for many years. (here) The author then asks why people still believe in the test, stating "I'm not sure why the Myers-Briggs is so popular despite its shortcomings. But candidate reasons include: (1) it has excellent advertising and money...
March 27, 2021
Last week, I posted about my new article, Theory Induced Blindness in Legal Scholarship. A couple of days ago, I ran across another article that questioned the Myers-Briggs personality test, which has been used in psychology, education and business for many years. (here) The author then asks why people still believe in the test, stating "I'm not sure why the Myers-Briggs is so popular despite its shortcomings. But candidate reasons include: (1) it has excellent advertising and money...
Welcome to the New Arbitrate.com!
March 26, 2021
My colleague, Amy Schmitz, and mediate.com CEO Colin Rule announced that they have re-built and re-designed the arbitrate.com website from the ground up to offer a powerful set of updated features and capabilities.
March 26, 2021
My colleague, Amy Schmitz, and mediate.com CEO Colin Rule announced that they have re-built and re-designed the arbitrate.com website from the ground up to offer a powerful set of updated features and capabilities.
A Neuro-Linguist’s Toolbox – Language: The Hierarchy of Ideas
March 25, 2021
For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first of which can be found here). This third section focuses on the use of language in amicable dispute resolution. For ease...
March 25, 2021
For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first of which can be found here). This third section focuses on the use of language in amicable dispute resolution. For ease...
Are You Ready for the Hybrid Workplace?
March 24, 2021
The future of work is hybrid. In the post-pandemic world, many companies will embrace the lessons learned from more than a year of telecommuting and not fully return to the office. Instead, Wharton management professor Martine Haas said, they will adopt a hybrid model with some combination of remote and in-person work. Is Hybrid Here to Stay? Haas said she believes the hybrid workplace will be standard for some time, especially because the pandemic accelerated an existing trend toward...
March 24, 2021
The future of work is hybrid. In the post-pandemic world, many companies will embrace the lessons learned from more than a year of telecommuting and not fully return to the office. Instead, Wharton management professor Martine Haas said, they will adopt a hybrid model with some combination of remote and in-person work. Is Hybrid Here to Stay? Haas said she believes the hybrid workplace will be standard for some time, especially because the pandemic accelerated an existing trend toward...
American Journal Of Mediation National Dispute Resolution Writing Competition
March 23, 2021
The American College of Civil Trial Mediators (ACCTM) is proud to announce the 2021 American Journal of Mediation National Dispute Resolution Writing Competition sponsored by the American College of Civil Trial Mediators. ACCTM is an association of dispute resolution professionals with substantial practice experience as mediators, arbitrators and conflict management neutrals. The ACCTM Journal is a nationally recognized publication dedicated to the growth and enhancement of dispute resolution professionals. The...
March 23, 2021
The American College of Civil Trial Mediators (ACCTM) is proud to announce the 2021 American Journal of Mediation National Dispute Resolution Writing Competition sponsored by the American College of Civil Trial Mediators. ACCTM is an association of dispute resolution professionals with substantial practice experience as mediators, arbitrators and conflict management neutrals. The ACCTM Journal is a nationally recognized publication dedicated to the growth and enhancement of dispute resolution professionals. The...
Mediating Online Is Much More Than “Doing It On Zoom”
March 19, 2021
The positive side of this disruption is that it boosted the adoption of video communication in mediation to a level well beyond what Online Dispute Resolution (ODR) experts had been able to achieve in 20 years of efforts. Have a look at the visionary paper published by Colin Rule in 2000 and you will see what we mean. To put it mildly, let us say that a vast majority of mediators were not technologically savvy and were not interested in getting savvier because, well, online dispute resolution...
March 19, 2021
The positive side of this disruption is that it boosted the adoption of video communication in mediation to a level well beyond what Online Dispute Resolution (ODR) experts had been able to achieve in 20 years of efforts. Have a look at the visionary paper published by Colin Rule in 2000 and you will see what we mean. To put it mildly, let us say that a vast majority of mediators were not technologically savvy and were not interested in getting savvier because, well, online dispute resolution...
Social Media Influence on Diplomatic Negotiation: Shifting the Shape of the Table
March 18, 2021
Social media is changing not only the atmosphere in which international negotiations take place; it is also changing the very substance of the deals. Because of the pace and proliferation of social media, negotiators must read “weak signals” early on—and anticipate a quickly organized, highly motivated opposition. However, diplomatic negotiators still lack the tools to engage in this sort of anticipatory strategy design. This article examines two recent cases, one involving the Transatlantic...
March 18, 2021
Social media is changing not only the atmosphere in which international negotiations take place; it is also changing the very substance of the deals. Because of the pace and proliferation of social media, negotiators must read “weak signals” early on—and anticipate a quickly organized, highly motivated opposition. However, diplomatic negotiators still lack the tools to engage in this sort of anticipatory strategy design. This article examines two recent cases, one involving the Transatlantic...
Updated ODR Bibliography
March 15, 2021
The updated to-the-moment version of the ODR Bibliography awaits you at the website of the National Center for Technology and Dispute Resolution. The list is a good starting point for any of you wanting to dive deeper into the topic as well as a helpful resource to provide students interested in researching it.
March 15, 2021
The updated to-the-moment version of the ODR Bibliography awaits you at the website of the National Center for Technology and Dispute Resolution. The list is a good starting point for any of you wanting to dive deeper into the topic as well as a helpful resource to provide students interested in researching it.
