“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties. In that mediation I was asking for a joint session, but the judge still blocked us from doing one because the other side would not agree….
Process & Procedure
Thanks to Loyola Prof. Imre Szalai for bringing to our attention the interesting Ninth Circuit decision in Breazeale v. Victim Services, Inc., holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.
Regardless of the hat I’m wearing at the time — mediator, litigator, friend, brother, husband, father, and now grandfather — I struggle with the desire to be right. Always right. I recently read a post on the Mediate.com blog by Loraine Segal entitled The Seductiveness of Being Right. St. Augustine, a pillar of the early church, regularly prayed “Oh Lord, deliver me from the lust of always vindicating myself.” Can you identify with this? The desire to be right truly is seductive, and it’s not helpful.
The current issue of New York Dispute Resolution Lawyer — really a very good publication of the New York State Bar Association’s Dispute Resolution Section — includes a brief article by Roy Weinstein of the economic research and consulting firm Micronomics.
Are You Ready To Apply Unequivocal Research Findings That Students’ Use Of Laptops In Class Reduces Learning?
“In a series of experiments at Princeton University and the University of California, Los Angeles, students were randomly assigned either laptops or pen and paper for note-taking at a lecture. Those who had used laptops had substantially worse understanding of the lecture, as measured by a standardized test, than those who did not.
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.
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.
In most legal disputes, there is considerable uncertainty. Lawyers and parties discount their assessments of possible outcomes to reflect the risks, so MLATNAs therefore are always inferior to the BATNAs.
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.
Malpractice lawsuits have been around as long as there have been doctors and lawyers. But there may be a better way to resolve doctor-patient conflicts. It’s mediation, and it’s keeping some potential malpractice suits out of America’s crowded courtrooms. It’s also providing opportunities for patients to actually talk to their doctors, and giving doctors a chance to learn something from their mistakes.
The James F. Henry Speaker Series at New York Law School’s ADR Skills Program will offer its third event of the year on Wednesday, November 15, 2017, when CPR President Noah Hanft joins panelists Greg Gallopoulos (GC of General Dynamics) and Prof. Joan Stearns Johnsen to discuss how vital commercial contracts are “Built to Last.”
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.