Category Archives: General

Negotiation Skills on the LSAT?

Berkeley researchers have found new tests that can better predict success in the practice of law than the LSAT.  Not suprisingly to those of us in the dispute resolution field, the skills missed by the LSAT but needed for successful practice include creativity, negotiation, and problem-solving.  Berkeley law professor Marjorie Shultz and Berkeley psychology professor Sheldon … Continue reading Negotiation Skills on the LSAT?

Second Circuit Rules that Manifest Disregard Exists After Hall Street

The Second Circuit in Stolt-Nielsen SA v. Animalfeeds Int’l Corp., No. 06-3473 (2nd Cir. 2008), www.reinsurancefocus.com/uploads/Stolt.pdf, held that courts may continue to review arbitration awards to determine whether the arbitrator manifestly disregarded the law when he or she rules on a case. Acknowledging that some courts have held that manifest disregard did not survive the … Continue reading Second Circuit Rules that Manifest Disregard Exists After Hall Street

Go Vote–It’s a Wonderful Dispute Resolution Process

Perhaps the most amazing development in US history occurred when George Washington refused to become king, and peacefully handed over power to John Adams.  The concept that power will be voluntarily (or at least peacefully) handed over to someone who believes in completely different values and ideals than the current political leader is still so … Continue reading Go Vote–It’s a Wonderful Dispute Resolution Process

iArbitration, iUnconscionability, and the iPhone

A federal district court in the Northern District of Illinois recently refused to compel arbitration of a consumer’s complaint brought in relation to the purchase of an iPhone. The case is shocking for at least two reasons.  It is shocking because the lead attorney for AT&T engaged in shameful, clearly sanctionable behavior during the course … Continue reading iArbitration, iUnconscionability, and the iPhone

Mirror Neurons & Mediation Advice

At the Works-in-Progress conference this past week at Arizona State University (great job Art!), I had the pleasure of hearing from Professor Scott Hughes on his latest work on mirror neurons.  I have blogged about mirror neurons before and the impact on people.  It explains things from why Harley rides are pleasurable to why Starbucks runs smoothly.  Scott … Continue reading Mirror Neurons & Mediation Advice

Call for Papers: International Mediation

  For anyone who’s interested in writing about international or comparative mediation, you should be aware of the following opportunity:  Call for Papers International Mediation Leadership Summit The Dispute Resolution Section of the American Bar Association, in collaboration with AAA International Centre for Dispute Resolution, ACB Group-Netherlands, ADR Center-Rome, CEDR, CMAP, International Academy of Mediators, … Continue reading Call for Papers: International Mediation

Talking to Your Own People

The best part about politics, and particularly presidential elections, is that each news story or political ad  demonstrates the well-known negotiation theory of confirming evidence.  In other words, we only believe data that confirms what we already think.  And, watching the debate last night or listening to the political commentary afterwards probably confirmed for you … Continue reading Talking to Your Own People