What Should Appellate Mediation Look Like?

Appellate Mediation

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).  …

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The Vanishing Trial?

The Vanishing Trial

Scholars and practitioners alike often seem up in arms about the “vanishing trial.”  Most seem worried that this decline in litigation will ultimately destroy justice.  Instead of achieving justice through a court system, conflicts are being resolved without the assistance of lawyers, judges, and–dare I say—lots of time, money, and resources!  Many blame ADR.  As …

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A New Model of Intra-Corporate Conflict Resolution

Corporate Conflict Resolution

Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more.Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate strategy, or the corporate governance …

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The Predictability of Distributive Bargaining

Negotiation Dance

This article examines the predictability of distributive bargaining between two negotiators, and conditions that might distort that predictability. It also introduces the important concept of the ‘negotiation dance,’ which is basic to the study of the negotiation process.Negotiation is a social act; of communication and discovery between two or more people, with the goal of …

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Decreasing the Risk of Legal Malpractice Claims

Reduce Legal Malpractice Claims

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 …

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Mediation Confidentiality and its Jurisdictional Challenges

Mediation Confidentiality & Jurisdictional Challenges

Any lawyer who has taken a case to mediation knows – at least in some vague, general way – that settlement discussions occurring during the mediation enjoy some level of confidentiality protection. Mediators themselves, of course, may have some greater understanding of what is and is not confidential during the mediation process, but even a …

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Creating a Better ICSID

In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad.  Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by the need to …

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Expectations Management At Work

Expectations Management At Work

Ever get mad at someone because they did something you didn’t expect? Of course you have, we all have. They’re not something we directly think about every day, but expectations are a key component of what drives many peoples’ behavior – including our own – all the time. When we sit down at a nice …

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Med-Arb May Be Right For Your Business Dispute

Med-Arb May Be Right For You

Med-Arb is a long-standing and robust practice that combines the flexibility and self-determination inherent in mediation with the certainty and finality of arbitration. Med-Arb has become widely used in the last decade. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged in …

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