A behind the scenes look at twenty-five master negotiators and how they do what they do. Focuses on psychology and managing the process of negotiation to out-manuever the competition.
This article gives a general overview of mediation techniques and procedures utilized in the Florida Court System. Tetunic first highlights the significant changes in mediation law and ethical rules over the past four years in Florida and then explains their general importance. Specifically, the importance of a lawyer's duty to keep abreast of mediation developments is discussed. Overall, the article seeks to give an overview of the purpose, usage, rules, and techniques of mediation when used to resolve...
This article examines the judicial review of arbitration awards in Texas within the context of non-adhesive business contracts negotiated by sophisticated parties. It analyzes the scope of review under the Federal Arbitration Act in light of Hall Street Associates, L.L.P. v. Mattel, Inc. Additionally, it discusses whether the Texas General Arbitration Act or Texas common law arbitration offers alternative methods that sophisticated business parties can negotiate for review alternatives.
This article discusses the renegotiations of the four heavy oil projects in Venezuela's Orinoco oil belt. It explores whether foreign oil companies were successful in engineering out the risk of investments via long-term contracts and whether oil companies' divergent choices regarding arbitration use reveal anything about the value of provisions for international arbitration as an external legal check.
This article describes the process by which the Fee Dispute Committee, an arm of the Houston Bar Association, resolves fee disputes. The committee is made up of lawyers and non-lawyers who sit on a panel to arbitrate lawyer/client fee disputes. Arbitration will only occur if both parties agree to it. The Committee's services are usually enlisted for family law matters and criminal defense fees paid by a third party.
This article argues that admission agreements between hospitals and patients, where patients agree to pay the hospital's full charge for necessary medical services, are unenforceable as unconscionable. It discusses arbitration clauses that patients face upon entering a hospital, giving an overview of the unconscionability doctrine, providing background on hospital billing practices, discussing case law regarding hospital admission contracts, and applies unconscionability to hospital admission agreements.
This book attempts to illuminate how individuals are constantly using negotiation tactics in their everyday life. Shell uses real world examples, practical applications, and resources to help the everyday person identify the world-class negotiator within.
The book studies the quest for world peace, and why crucial negotiations among countries fail. The book authors that research from decision-making theory and current best practices in mediation have as much to do with the success or failure of a mediated solution to international conflicts that nations' goals to further their individual political, economical, or strategic interests.