Richard Birke is a JAMS consultant and has taught dispute resolution for more than 20 years. He is a law school professor and director of the Center for Dispute Resolution at Willamette. Under his leadership, CDR has enjoyed more than a decade of high national rankings in the US and is the 2012 winner of the Ninth Circuit ADR Education Award. Mr. Birke is a two-time award-winning author, as well as an ADR neutral, consultant and trainer.
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How Likely Am I to Win? Risk, Uncertainty & the Turkey Illusion
When parties are faced with an attractive settlement offer, they frequently wish to compare the offer to what they might get at trial, which is the product of the odds of winning times the value of the verdict or award. Naturally, they ask their lawyer “how likely am I to win?”
Federal Arbitration Case Update | Bound and Determined
APMM contracted with Noatex to build a building and Noatex subcontracted with King. When Noatex deemed King’s work inadequate, King filed a stop work notice and informed APMM that Noatex owed King $260,000. This matter resulted in APMM’s interpleading the money while the federal court in Mississippi figured out who was entitled to what.
Federal Employment Case Update: Pizza and Beer
When Jacqueline Conners brought a class action lawsuit against her employer Gusano’s (alleging unlawful tip pooling practices), Gusano’s instituted an arbitration policy that required individual arbitration of any disputes.
Federal Court Case Update, Filings and Firings
Following is the start of a new series on the JAMS ADR Blog, featuring short synopses of recent case rulings related to arbitration or ADR. We’re excited to share this information as we know this is an area that will be of interest to our readers and those in the legal industry.
A World in Balance - At Least in Terms of the Number of Arbitration Courts
In the past few weeks, Russia has abolished its main commercial court and Singapore has announced its plan to open one. The events appear to be unrelated, but it seems likely that the ripples from each may reach the other.
A Rose by Any Other Name
Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the subject of the loss, while the insurance company places a lower value.
Italy Has a “Man of Mediation” Running the Country
Italy boasts some of the finest wine, clothes, art, food and cars in the world. It is an amazing country with attributes that have made it a top-notch tourist destination.
Signing Arbitration Contracts on Admission to a Nursing Home – Who Is Bound?
As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes arising out of the care they receive, should their heirs and the estate be bound by that contract?