There generally has been a negative connotation associated with the concept of ex aequo et bono. This article argues that the concept is actually valuable, and discusses how it may be revitalized in both international and domestic law.
The book discusses how attorneys at all sizes of firms can be more successful using Planned eARLY negotiations. The strategies in the book can help attorneys become more effective negotiators, which can lead to increased revenues.
The article suggests methods to determine whether to arbitrate or litigate a dispute. In contract disputes, the lawyer should ask who the contract favors, whether the area of the dispute would be better resolved by a judge or arbitrator, and how much discovery is necessary. If the client decides to arbitrate, the article encourages lawyers to be careful in drafting the arbitration agreement and selecting the arbitrator.
Rack compares mediation, small claims adjudication, and negotiation for members of the Latino community. The book focuses on the how culture influences these procedures. Further, the book focuses on possible goals and outcomes in the dispute resolution process.
Many decision biases arise from the inability to ignore past events. The coherence of decisions is also compromised by the inability to fully use information related to the future. In Paccioli's game, a stake of money goes to the first player to score a certain number of wins. When the game is prematurely interrupted, they may divide the stake according to the proportions of wins relative to rounds played. Alternatively, they may assess the probability that a player would reach the criterion number...
In their discussion of coupon settlements in class action lawsuits, Mezzetti and Case find that some coupons may be better than others, but generally find value in this type of settlement. Finding value for class members, practitioners, and courts in this type of dispute resolution, the authors submit that all coupon settlements should not be discounted as a means of redress. The authors propose a minimum settlement pay-out in coupon settlements where it is necessary to avoid conflict or concerns...
During her lecture on the legal challenges of globalization, the author briefly comments on the role of arbitration. In particular, developments in the arbitration of commercial disputes between parties from different jurisdictions and the United Nations Convention on Recognition and Enforcement of Arbitral Awards are discussed.