Game Theory, Negotiation, and the “Black Box”

Game Theory, Negotiation, and the "Black Box"

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.

The Special Master: A Mediator Wearing Many Hats

The more complex our society becomes, the more complicated its litigation grows. By 2018, one-half of the federal docket was consumed by multi-district litigation — multiple cases concerning the same subject spread across the country. Add to that mass-tort litigation, class actions, products liability cases, multiparty construction litigation, and the flood of “normal” civil and criminal cases, and it’s clear our judiciary needs help. One source of that help is special masters appointed under Federal Rules of Civil Procedure 53.

Mediation Confidentiality and Privilege: The Twin Supports of Resolution (Part 2 of 2)

The companion provision to mediation confidentiality is the mediation privilege, which makes evidence of mediation communications inadmissible in future legal proceedings. As with the confidentiality provisions discussed above, local laws are a crazy quilt, with only about half the states having adopted the UMA or similar provisions. The federal courts are even more inconsistent.

The Art of War in the Kingdom of Probate (Part 2 of 2)

Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.

Mediation Confidentiality and Privilege: The Twin Supports of Resolution (Part 1 of 2)

Mediation is negotiation with the assistance of a neutral third party. It is a process, and like other processes has stages. Those stages are different depending on which role you play. But either way, each stage requires your active participation if you are to succeed. In this article we detail the 5 stages of mediation for mediators and disputants.

The Art of War in the Kingdom of Probate (Part 1 of 2)

Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.

Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card

With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not.   The arbitration agreement specifically applied to claims made by authorized users of the account.  

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