Occasionally, a court will recommend an early neutral evaluation shortly after a case has been filed. Courts will usually recommend this when they believe an evaluation may help the parties accurately see their positions compared to the other party’s and potentially think about a settlement. Sometimes, a court will recommend the case to early …
By Hon. Henry Pitman (Ret.) Continued from Part I of III… Binding Effect of an Arbitral Decision Ninety-Five Madison Co. v. Vitra Int’l AG, No. 20-1432, 2020 WL 7086186 (2d Cir. Dec. 4, 2020) (summary order): A Landlord and a commercial tenant entered into a settlement agreement in which the landlord approved the tenant’s making …
By Hon. Henry Pitman (Ret.) Regardless of whether one is a proponent or opponent of mandatory arbitration clauses, they have become ubiquitous. According to a March 2015 study performed by the Consumer Financial Protection Bureau, 53% of credit card agreements and 99.9% of all mobile phone agreements contain mandatory arbitration provisions (Consumer Fin. Prot. Bureau, …
If you need clarification on how California Settlement Privilege really works, this article is going to answer a lot of your questions. Let’s suppose that you have a longtime friend and client named Alice. You have made a lot of money with Alice over the years, and her business is important. One day, she accuses …
Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration.
Famed psychologist Paul Ekman calls anger one of the six basic emotions. He notes that its expression is universal across cultures. Even as infants, we instinctively recognize and react to its presence in those around us. According to Ekman, anger originates when an important goal is frustrated, or someone tries to hurt us or someone we feel responsible for, physically or psychologically. Under this definition, anger is a response to threatening external stimuli, which is often accompanied by a desire to hurt the source of the anger producing events.
When we find ourselves in the midst of a dispute that requires a greater exposure to the legal system, the system can feel unfamiliar and overwhelming. This is where attorneys will often step in to fill the gap.
…Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA. This article will discuss the strategies that a mediator may use to help …
Conflict is a normal and natural part of human interaction, in the workplace and everywhere else. Generally, the short-term cost of resolving conflict is negligible compared to the cost of leaving conflicts unresolved. Learn how to deal with difficult people at work to effectively resolve conflict.
…Continued from Part 1: Back to discovering and using what the negotiation world calls a BATNA and WATNA, this article will continue to move through an analysis to help the parties discover the alternatives that will drive how they negotiate and settle a dispute. The previous article discussed the importance of moving through a BATNA/WATNA …