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Category: Legislation

We Need a Better Consensus About Negotiation Theory author.

We Need a Better Consensus About Negotiation Theory

ADR Prof Blog In previous posts, I argued that there are serious problems with the general consensus on negotiation theory...

By John Lande
From Fear and Avoidance to Love and Trust: Transforming Your Relationship with Money. author.

From Fear and Avoidance to Love and Trust: Transforming Your Relationship with Money.

Conflict Remedy Blog by Lorraine SegalLooking back, my needs around money have always been met. But it didn’t feel that...

By Lorraine Segal
Negotiation Advocacy and the Future of Alternative Dispute Resolution author.

Negotiation Advocacy and the Future of Alternative Dispute Resolution

One promising and yet underdeveloped segment of the alternative dispute resolution movement is negotiation advocacy.  Roles such as collaborative attorney...

By Nathan Witkin
Privatizing Mass Settlement author.

Privatizing Mass Settlement

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesUniversity of Georgia School of Law Assistant Professor Jaime Dodge has...

By Beth Graham
California’s Legislature – Hard At Work Once Again-2014 author.

California’s Legislature – Hard At Work Once Again-2014

PGP Mediation Blog by Phyllis G. PollackFirst and foremost, I want to wish everyone a very happy, healthy and prosperous...

By Phyllis Pollack

Plea Bargaining

In an exchange of letters published in the most recent issue of the New York Review of Books, commenting on...

By Joe Markowitz
The Witness Statement as Disclosure author.

The Witness Statement as Disclosure

Arbitration BlogAs counsel, I know the excitement and curiosity when, receiving the other party’s filing, I turn to the Witness...

By Nicolas Ulmer

Trials, Part One

Mediation is often touted as a better alternative to taking a lawsuit to trial. It usually is; but I believe...

By Joe Markowitz

Metrics

I was interviewed the other day for a possible article on court-ordered mediation. In discussing this topic, it's hard to...

By Joe Markowitz
Reflections on the State and Future of Commercial Arbitration author.

Reflections on the State and Future of Commercial Arbitration

In Part One of this series, Disputing highlighted a portion of Pepperdine University School of Law Professor Thomas Stipanowich’s research...

By Beth Graham
E.D. Texas Orders Guardrail Safety Case to Mediation Following $175 Million Jury Award author.

E.D. Texas Orders Guardrail Safety Case to Mediation Following $175 Million Jury Award

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesEarlier this week, a federal judge in Marshall, Texas reportedly ordered...

By Beth Graham
To Puff or Not to Puff . . . (or When and How to Puff) author.

To Puff or Not to Puff . . . (or When and How to Puff)

ADR Prof Blog by Andrea Schneider, Michael Moffitt, Sarah Cole,Art Hinshaw, Jill Gross and Cynthia Alkon.I love teaching law students...

By John Lande
The Italian ADR Saga: a Machiavellian Plot, or Just Lawyers Without a Plan author.

The Italian ADR Saga: a Machiavellian Plot, or Just Lawyers Without a Plan

Mediation has long been a matter of contention in Italy. First introduced by a government decree in 2011, mandatory mediation...

By Giuseppe dePalo
Amarillo COA Holds Arbitration is Required in Construction Fee Dispute author.

Amarillo COA Holds Arbitration is Required in Construction Fee Dispute

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesTexas’ Seventh District Court of Appeals in Amarillo has reversed a...

By Beth Graham

Bullying and Harassment – Evidence it Accounts for Sickness Absence

For years, I’ve sought data on how much sickness absence is caused by workplace conflict. I know that conflict makes...

By Katherine Graham
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated author.

Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Supreme Court of Texas has agreed to review whether an...

By Beth Graham
Law Professor Transformed author.

Law Professor Transformed

Institute for the Study of Conflict Transformation by Dan SimonProfessor Sherry Colb, who teaches criminal procedure and evidence at Cornell...

By Dan Simon
Balancing Fairness with Justice author.

Balancing Fairness with Justice

As an arbitrator (or a Judge) we have limits–on our outward demonstration of compassion, our creativity in crafting appropriate and...

By Jan Frankel Schau
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two) author.

MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two)

The late Donald F. Dickey of NH is co-author of this article. His diligence, intelligence, patience, and expertise in the...

By Mark Batson Baril
Authorities Crack Down on Foreclosure Rescue Scams with “Operation Mis-Modification” author.

Authorities Crack Down on Foreclosure Rescue Scams with “Operation Mis-Modification”

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.Recently, the foreclosure mediation team at...

By Shawn Davis
Start Spreading the News: Mandatory Mediation Comes to New York author.

Start Spreading the News: Mandatory Mediation Comes to New York

JAMS ADR Blog by Chris PooleAs someone who started her legal career as a litigator, I, like many other litigators,...

By Lorraine Brennan
Mind the Gap: Mediation and Justice author.

Mind the Gap: Mediation and Justice

Intellectual life is beset by ‘gap’ problems.  Philosophers wrestle with the ‘mind-body problem’: the gap between material and non-material aspects...

By Charlie Irvine
EBay y Sotheby’s se asocian para transmitir subastas de arte por Internet author.

EBay y Sotheby’s se asocian para transmitir subastas de arte por Internet

Electronico Resolucion Blog by Alberto ElisavetskyLa compañía de comercio electrónico e- Bay y la casa de subastas Sotheby’s para transmitir...

By Alberto Elisavetsky
A Requirement Without Consequence? Federal Circuit Mediator Conflict Disclosure Case author.

A Requirement Without Consequence? Federal Circuit Mediator Conflict Disclosure Case

ADR Prof Blog by Andrea Schneider, Michael Moffitt, Sarah Cole,Art Hinshaw, Jill Gross and Cynthia Alkon.The Federal Circuit recently handed...

By Michael Moffitt
Minimizing the Litigation Risk in Mediation author.

Minimizing the Litigation Risk in Mediation

Litigation is defined in numerous dictionaries in various ways.  One definition is “The legal process of spending a lot of...

By Benjamin Seigel
A Primer on Arbitrability author.

A Primer on Arbitrability

JAMS ADR Blog by Chris PooleDrafters of arbitration clauses must understand the concept of arbitrability if the parties’ objectives are...

By Richard Chernick
Confidentiality Revisited author.

Confidentiality Revisited

From Michael Carbone's Resolving It newsletter.In 1997 the California Legislature enacted Evidence Code Sections 1115-1128, which established mediation confidentiality as...

By Michael P. Carbone
Arbitration as a Means of Avoiding Class Actions author.

Arbitration as a Means of Avoiding Class Actions

In AT&T Mobility v. Concepcion, the Supreme Court held that a waiver of class action that was part of an...

By F. Peter Phillips
Best Practices for Settling Multi-District Litigations author.

Best Practices for Settling Multi-District Litigations

JAMS ADR Blog by Chris PooleIn recent years, studies have shown an increase in product liability lawsuits, and given the...

By Catherine Yanni
Settlement Conferences and the Price of Contempt author.

Settlement Conferences and the Price of Contempt

Just Court ADR by Susan M. Yates,Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.In a settlement conference, what is the...

By Mary Novak

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