The Only Impartial Direction is Up
Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?
Mediation
I Apologize For Suggesting It
Mediations and their participants never cease to amaze me. Recently, I mediated a personal injury lawsuit. It should have settled as liability was not an issue. Defendant was not contesting her fault for making a left turn immediately in front of Plaintiff’s vehicle that was proceeding straight….
Hiro N. Aragaki: Things we know and think we know about Batna and Watna
This will likely be of most interest to scholars writing in this area. In the final analysis, I think John’s original complaint that we are using BATNA “wrong” may be better directed at WATNA. I do think that many of us—myself included—have not been particularly clear about what we mean by WATNA, and in this sense may be using the term incorrectly.
Passing of Roger Wolf
I am writing to share the news that Roger Wolf, a professor and pioneer of ADR in Maryland, passed away on Saturday, December 30, 2017.
Scholastica Interview with Shestowsky
Scholastica, the service many of us use to disseminate our articles to law reviews, recently interviewed Donna Shestowsky (UC-Davis) about her work on litigant awareness of court ADR programs. Here’s the interview in full.
You Must Actually Ask For it!
Many mediations end in settlement at which point the parties draft a settlement agreement. California law provides a summary procedure by which the parties can enforce the settlement agreement if….
Ben Davis: Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration
As has been noted by Professor Stacie Strong, people should be very careful about drafting arbitration clauses. They can lead to many complications in just getting the arbitration started.
Adjudicating Alleged (Palestinian) Crime and Terror in the West Bank and Gaza
Maureen Weston (Pepperdine) provides this intriguing post from the Ofer military base in Israel.
Mosten and Scully’s New Book on Unbundled Legal Services
Unbundling goes by many names, including “limited scope legal services.” Lawyers provide specified services to clients rather than “full service” representation. It’s like ordering food à la carte instead of a fixed, seven-course meal.
DR Faculty Seminar in Israel- Israel’s Military Courts: Adjudicating Alleged (Palestinian) Crime and Terror in the west Bank and Gaza
The conflict over the sacred land in the West Bank, which includes East Jerusalem, in Israel is deeply rooted and profoundly intense. This region has been under rule by the Turks in the Ottoman Empire (1517- 1917), Britain (1917-48), Jordan (1948-67), and since the Six Day War in 1967, under control by the Israeli army.