Featured Legal Blog Posts
Litigation vs ADR – Different Strokes for Different Folks
This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.
Prenup? That’s Good News!
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.
Bill Richardson: America’s hostage negotiation strategy is broken
"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."
If You Want Your “Day in Court”, Don’t Go to Court
“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.
The ADR Imperative to Ensure Access to Justice
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
California Law Revision Commission Recommendations
The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality.
WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.
The Case for Early Mediation; Part II of II
In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.
DOJ Flips on Class Waivers Issue
Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.
Model Standards of Mediator Conduct: Time for Revision?
Is it time to revise the Model Standards for Mediators?
It Takes A Solomon: Tearing Children Apart in Divorce
When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.
Cognitive Bias Revisited
By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.
Verdict in JAMS Lawsuit
A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator’s qualifications had been misrepresented on the provider’s website.
Study: Results Point to the Value of a Joint Session
The use of the joint session in mediation has been a hot topic of study and debate in recent years.
If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation
Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.
Winning
In the analyses of this week's budget deal, whether from the politicians of both parties or from the pundits, mostly we are hearing about which side scored the most points.
Andrea Schneider's Award Acceptance Speech
Andrea was kind enough to forward me a copy of her acceptance speech from Saturday. As you might expect it was inclusive, clever and funny. If you had to leave early and missed the luncheon, the text is included below. Make sure you read it in Andrea’s voice to get the full effect! ~ Kelly Browe Olson
Best Practices for Managing Wills Between Family Members
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
Litigation–Style Mediation Has Got to Go
It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
Aragaki - The Dao of Friendly Skies
In the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight.
Divorce Lawyers: 5 Little Known Things You Need To Know
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
Towards a Harmonised Approach to Mediation Legislation in Asia?
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
Mediation: What is it Really About?
Mediation is successful more than 75% of the time, minimising costs in terms of time delays, frustration, and emotional impact on parties and their families.
Reflecting on RSI Focus Groups in Washington, DC
My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.