This article from the National Law Journal online offers some good guidance for students as to the skills young lawyers need to succeed in a law practice. Among the essential skills are knowledge of current events, appearance, sociability, humility, manners, generosity, flexibility, punctuality, diligence, and collegiality. I can certainly think of things I would add … Continue reading The [Non-Legal?] Skills Young Lawyers Need →

In conjunction with the ABA Section of Dispute Resolution Spring Conference that will be in Denver on April 13-16 this year, the ABA will be hosting the National Finals of the Representation in Mediation Competition.  In this competition law students play the roles of lawyers and clients in mediation and demonstrate the skills needed to … Continue reading National Finals of the Representation in Mediation Competition – Mediators and Judges Needed →

As promised, I have reviewed the papers in Stok & Associates, P.A. v. Citibank, N.A, Docket 10-514, in which the Supreme Court granted certioriari last week to decide the following question: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by … Continue reading More on Stok and Arbitration Waiver →

On Tuesday (Feb. 22), the Supreme Court granted a cert petition in Stok & Associates v. Citibank, Docket 10-514. The issue presented is: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver … Continue reading Supreme Court Grants Cert. Petition in Arbitration Case →

The National Mediation Conference in Australia has made the proceedings of its biennial gathering available online at http://www.mediationconference.com.au/.  Included in the materials online are podcasts of more than fifty presentations by prominent mediation figures from across Australia.  You’ll also find Alain Lempereur’s keynote address there, discussing his “track 1-and-a-half” efforts at mediation-meets-diplomacy in Burundi.  Kudos … Continue reading National Mediation Conference – Australia →

From the National Law Journal earlier today (available here): “1st Circuit deems plaintiffs who achieved settlement ‘prevailing parties’ entitled to fees” by Sheri Qualters Parties who achieve litigation goals through settlement, as opposed to a verdict or a formal consent decree, are nonetheless “prevailing parties” eligible for attorney fees, the U.S. Court of Appeals for … Continue reading Settlements and Fees for Prevailing Parties →

I don’t have anything new to say about what’s going on this week in Wisconsin–manuevers continue, it’s all very interesting.  But Jon Stewart last night was hilarious so I am linking to his take on Wisconsin in which he points out that not only is Governor Walker trying to take away benefits but then prevent … Continue reading Crisis in Dairyland–Or Why We are Not Tunisia →

Last week, the Nevada Supreme Court heard arguments in a case alleging that a lender participated in Nevada’s mandatory foreclosure mediation program in bad faith. The 2009 law that established the program allows district court judges to sanction parties if they are found to have acted in bad faith. The homeowners argued that the lender … Continue reading Question of “Bad Faith” Mediation reaches Nevada Supreme Court →

Russell Korobkin and I have been batting around ideas for how to teach multiparty negotiations–both new cases and particularly pedagogical ideas–and we are looking for some additional input and advice.  So this is a call to those of you who have ideas, have taught multiparty negotiations as part of your class or separately, and are willing … Continue reading Teaching Multiparty Negotiations →