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.
The Media
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.
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.
Stone Soup: Takeaways from new Hampshire Mediation Training
Recently, Susan Yates and I conducted mediation trainings on behalf of the United States District Court for the District of New Hampshire, the New Hampshire Judicial Branch Office of Mediation and Arbitration, and the University of New Hampshire, School of Law.
My Mother’s Legacy: Looking Forward, not Back
Both trial and mediation require a little “time traveling”. At trial, the lawyers ask the jury to fix their gaze upon a particular moment when an event occurred that caused their client to be damaged or caused a disruption in business or their lives.
Using the Holidays to Gain Perspective in Future Conflicts
In every conflict, and during every mediation, each disputant has an option of dwelling upon the misery of the past, or focusing upon the good that has come from ending the conflict and looking towards better days ahead. For me, Thanksgiving is a great opportunity to remind ourselves that gratitude is an attitude.
Lawyers’ Ethical Responsibility In Negotiating Confidential Settlements On Behalf Of Serial Lawbreakers
Confidential settlements have stirred controversy when they have been used to hide serious public health and safety violations, though people generally think that confidential settlements are appropriate. Indeed, people often tout confidentiality as one of the benefits of ADR.
Louis C.K.’S Apology
Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct. The comedian Louis C.K. is one of the men who has been accused. He publicly acknowledged that the accusations were true and apologized.
Do You Use “BATNA” Wrong?
In most legal disputes, there is considerable uncertainty. Lawyers and parties discount their assessments of possible outcomes to reflect the risks, so MLATNAs therefore are always inferior to the BATNAs.
Missouri Symposium On Managing Disputes About Speech On Campus
There has been a lot of attention to – and criticism of – willingness of people in colleges and universities to suppress speech. Some of this criticism is particularly directed at liberals. However, these problems are widespread through our society.