As a civil litigator who has been involved in over 300 mediations, VSCs and MSCs, on three occasions, I was thrown for a loop when my clients suddenly changed their minds on continuing down the litigation path contrary to my recommendation. The following cases taught me some good lessons. Join now to enjoy full access …
The American Bar Association (ABA) conducts extensive survey on legal malpractice claims every four years. The survey concludes that every practicing lawyer is potentially at risk for legal malpractice. It was once believed that solo practitioners were at the highest risk, however, research has found that lawyers at small, medium, and large law firms are …
For a case to reach the appellate level is a rare feat indeed. It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level. This creates a unique environment for alternative dispute resolution (ADR). …
Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process. However, the procedures are very different. Each system presents its own benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each …
Mike was excited. The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in. The lawyers and their clients looked up expectantly at Mike. He froze. What should he say next?Where we begin a journey …
A cake recipe says to add all of the required ingredients, and then place it in the oven for 45 minutes at 350 degrees. The chef, who is in a rush, takes a shortcut and leaves out an important cooling process and places the cakes in the oven at 400 degrees for 35 minutes, hoping …
PROBLEMS, PROBLEMS EVERYWHERE…Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines. To make matters worse, the higher-ups do what they want, when they want… and then they come to tell you about …
Physics defines power as work divided by time. Work, in turn, is the application of force in a direction. Power, then, can be thought of as the ability to get things moving (more) quickly in a desired direction. The same definition applies in social interactions like negotiation. Power is the ability to get desired things …
When sitting around the mediation table, sometimes it pays to be intentional about your choice of drink. It may be a source of comfort for the parties. It may bring calm. It may bring peace between the parties if only for a moment and possibly create a space for resolution.There is something soothing about sitting …
When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient.As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, namely managing, or indeed …
