In any negotiation, there will always be some level of concessions made in order to come to an agreement. Even the most skilled negotiators will have to make small concessions in a negotiation to reach a potential agreement. But what is the best strategy for making negotiation concessions? And how can you ensure that you …
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …
Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.
We humans are social, but also individual. We often need help to succeed or excel. For example, early man was a poor match for a mastodon or prehistoric bison. He could hunt or gather smaller, less nutritious food alone. But he needed to hunt in a group if he were to take such dangerous high …
Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association. It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …
It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties. Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …
The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …
With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not. The arbitration agreement specifically applied to claims made by authorized users of the account.
This project is designed to engage younger people in our field and the Section. If you see them at the conference, please introduce yourself and make them feel welcome. You will be able to recognize them as they will have special ribbons on their nametags