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After Agreeing to Mediators’ Proposal, Party Bound by Silence on Settlement Agreement
March 27, 2014
A fee-splitting dispute among some fifty law firms was resolved at the end of a difficult mediation when all parties finally accepted the mediators’ proposal for dividing fees. When the settlement agreement was drafted, however, one lawyer tweaked the terms and then was silent as the agreement moved forward and was signed by all other parties. Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s conclusion that based on the parties’ long course...
March 27, 2014
A fee-splitting dispute among some fifty law firms was resolved at the end of a difficult mediation when all parties finally accepted the mediators’ proposal for dividing fees. When the settlement agreement was drafted, however, one lawyer tweaked the terms and then was silent as the agreement moved forward and was signed by all other parties. Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s conclusion that based on the parties’ long course...
Getting the Other Guy to the Negotiation Table
December 5, 2013
This just in from Harvard's Program on Negotiation: In a new study, Nour Kteily of Northwestern University and his colleagues found that low-power groups can influence powerful parties to engage with them through their framing of the proposed negotiating agenda. Specifically, across four experiments, participants in the high-power position were more willing to negotiate when a low-power group proposed negotiating less important issues before more significant areas of disagreement, rather than vice...
December 5, 2013
This just in from Harvard's Program on Negotiation: In a new study, Nour Kteily of Northwestern University and his colleagues found that low-power groups can influence powerful parties to engage with them through their framing of the proposed negotiating agenda. Specifically, across four experiments, participants in the high-power position were more willing to negotiate when a low-power group proposed negotiating less important issues before more significant areas of disagreement, rather than vice...
SCOTUS Reaffirms Manifest Disregard of the Agreement Outcome Review Standard and Elaborates on Its Scope
July 31, 2013
On June 10, 2013 the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, slip op. at 4-5 (U.S. June 10, 2013) (Kagan, J.), unanimously reaffirmed that Section 10(a)(4) of the FAA authorizes courts to vacate awards that are not even arguably based on an interpretation of the parties’ agreement. While the Court broke no new ground, Associate Justice Elena Kagan’s well-written opinion—together with Associate Justice Samuel A. Alito’s opinion in Stolt-Nielsen, S.A. v. AnimalFeeds...
July 31, 2013
On June 10, 2013 the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, slip op. at 4-5 (U.S. June 10, 2013) (Kagan, J.), unanimously reaffirmed that Section 10(a)(4) of the FAA authorizes courts to vacate awards that are not even arguably based on an interpretation of the parties’ agreement. While the Court broke no new ground, Associate Justice Elena Kagan’s well-written opinion—together with Associate Justice Samuel A. Alito’s opinion in Stolt-Nielsen, S.A. v. AnimalFeeds...
CPR Patent Mediation Task Force Report
May 6, 2013
I. Background In 2010, the International Institute for Conflict Prevention and Resolution (CPR) formed the Patent Mediation...
May 6, 2013
I. Background In 2010, the International Institute for Conflict Prevention and Resolution (CPR) formed the Patent Mediation...
Dispute Settlement Counsel: Do parties in a dispute want Settlement or Resolution?
January 7, 2013
Dispute Settlement Counsel: Do parties in a dispute want Settlement or Resolution? http://goo.gl/wr51c
January 7, 2013
Dispute Settlement Counsel: Do parties in a dispute want Settlement or Resolution? http://goo.gl/wr51c
