Will Martha Stewart be able to make lemonade from lemons in her recent legal battle? Will she cook up creative ways to recycle her lawsuit into an elegant business solution? Like explaining how to remove garlic peels with ease during a recent Wait Wait Don’t Tell Me program, can she come up with graceful solution to her lawsuit? What will she say about mediation after she emerges? Will her attorney hire a trained and experienced mediator who will allow her creative juices to flow?
Judge...
Lawyers create value for their clients by effectively representing them in negotiations. Transactional lawyers bring multivariable deals together when expectations are high for the relationship. Litigators negotiate disputes in the shadow of potential trial outcomes in all but about 2% of cases. Sound decision making in these circumstances is the essence of effective lawyering. Since effective decision making is not strongly correlated with higher education or high I.Q., it must be learned and practiced....
You can’t go anywhere without someone texting you today. For some, text messages are the preferred source of communications. But how accurate are texts and can we rely on this form of communication?
The reality is that text message, while efficient, is a very flawed method of communicating. According to longstanding research by Mehrabian, 93% of communication is lost if you are just relying on the words themselves – which is exclusively the realm of texts. Moreover, when people communicate...
The X factor in mediation is the ability to influence the other side to pay more or take less. Finding the elusive X factor is the challenge for most mediators, and is often done in the face of uncertainty. This uncertainty takes many forms and can serve as a barrier if not acknowledged and addressed by the parties. Taking the uncertainty out of the negotiation requires the mediator to convey to each of the parties the ability to be strategic while at the same time presenting each negotiation move...
The University of Chicago Press and the Law and Courts Section of the American Political Science Association have launched the Journal of Law and Courts, an interdisciplinary, peer-reviewed journal devoted to the examination of legal institutions, actors, processes and policy.
The journal will publish biannually online and in print. The March issue available free. Future issues will be offered at an annual subscription cost of $32.
The journal is edited by David E. Klein, an associate professor...
For any airline passenger who has been annoyed during takeoff and landing when told to power down electronics, here's some great news: The Federal Aviation Administration (FAA) may only require you to put some gadgets such as e-readers and laptops in "airplane mode" during takeoffs and landings — maybe as soon as next year.
According to The New York Times, the FAA has been looking into the use of electronics on planes, and might ease up on the strict rules to shut them down during certain times....
While the format has its skeptics, mobile apps are revolutionizing the way law is being practiced in the U.S.—a trend that will only intensify this year, according to ardent supporters.
Indeed, the latest smartphone or must-have tablet is no longer a technological fashion statement; it’s a critical, competitive tool that many attorneys simply refuse to live without. “Smartphones and tablets are not just shiny objects to catch up on the news or update Facebook,” says Chad E. Burton, whose...