Lawyers’ Ethical Responsibility In Negotiating Confidential Settlements On Behalf Of Serial Lawbreakers

Confidential settlements have stirred controversy when they have been used to hide serious public health and safety violations, though people generally think that confidential settlements are appropriate.  Indeed, people often tout confidentiality as one of the benefits of ADR.

Louis C.K.’S Apology

Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct.  The comedian Louis C.K. is one of the men who has been accused.  He publicly acknowledged that the accusations were true and apologized.

Missouri Symposium On Managing Disputes About Speech On Campus

There has been a lot of attention to – and criticism of – willingness of people in colleges and universities to suppress speech.  Some of this criticism is particularly directed at liberals.  However, these problems are widespread through our society. 

What Is The Stone Soup(s) Project Really About?

Some of the misconceptions may have resulted from the fact that we produced a lot of material over the summer, when people were busy with their work and/or vacations, and they may not have absorbed everything we put out.

Lessons From The ABA’s Excellent Report On Mediator Techniques

The Task Force identified 47 studies from the past four decades with empirical data analyzing effects of particular mediator actions on certain mediation outcomes.   Eight of these studies involved a process instead or in addition to mediation.

Making The Most Of Appellate Mediation Opportunities

I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters.

In Praise Of (GOOD) Disagreements

Good disagreements are essential to us in many ways.  Being in the learning business, we and our students and clients cannot learn as much as possible unless we consider alternative perspectives.  Our body of knowledge has always evolved and now it is changing at ever-faster rates

What’s the Best Mediation Model: Joint Session or Caucus?

I mediate a wide range of disputes — from automobile accidents, product liability claims, death claims and construction disputes to dissolution of business and professional practices, will contests, contract disputes and medical liability claims. I even occasionally mediate church splits.Given the variety of disputes I work on, I need flexibility in the mediation models I use — and the models I use are almost always either Joint Session, Caucus, or a combination of the two.

Kiser’s Soft Skills For The Effective Lawyer

Readers of this blog would obviously recognize these as precisely the skills we focus on in our theory, teaching, and practice.  The chapters deal with self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism.  Each of these subjects include quite a number of specific skills.

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