Last week I posted about a grant from the Obama Administration to support “judge-directed negotiations” in medical practice litigation in New York. The purpose of the grant was to build on the success of Judge Douglas McKeon, who has been using mediation techniques in med-mal cases involving NYC hospitals. Jeff Thompson at ADRHub has now … Continue reading Humanness in Med-Mal (Continued)
I don’t really know much about the video appearing here: (http://www.youtube.com/watch?v=-H8xzRNRKKE). One of my research assistants (I would name her, but I forgot to ask if she wanted credit or anonymity) forwarded me the link, along with the explanation that this comes from a show called “Home Movies.” As she explains, it’s “about kids making … Continue reading Negotiation Over Points … a video not to miss
A few weeks ago, Kathleen Parker, a writer for the Washington Post, likened Obama to a woman because of his negotiation style, calling him the first female president. (See the article here.) Confronted with crises and criticisms, our President hasn’t responded in the alpha dog style of many male politicians. Instead, he’s a listener and … Continue reading Obama’s “Feminine” Communication Style
In a closely-watched case, the Supreme Court of the State of Washington held today that statutes of limitation do not apply in arbitration. Broom v. Morgan Stanley DW, Inc., No. 82311-1 (Sup. Ct. Wa. July 22, 2010). In that case, an NASD arbitration panel dismissed investors’ garden-variety suitability claims against their brokers on state statute of … Continue reading Washington State Highest Court Rules Statutes of Limitations Do NOT Apply to Arbitration
The International Court of Justice (ICJ) ruled today, in an advisory opinion, that Kosovo’s 2008 unilateral declaration of independence did not violate international law. It will be interesting to watch the impact from this decision. In the short term the obvious hope is that the decision will not incite violence in Serbia or within Kosovo. … Continue reading Not Illegal
A reminder that the ADR law professors’ works-in-progress gathering has an August 1 deadline for those who want to submit papers. You are, of course, also welcome to just come and listen/learn/lurk. But given the format of the gathering, now’s not the time to wait until you have something polished. Come take advantage of the … Continue reading Works-in-Progress Call for Papers
As this article describes, the Obama Administration has awarded a $3 million grant to the New York court system (of all things) in its effort to improve patient safety while lower the costs of medical malpractice litigation. The grant stems from the work of Judge Doug McKeon, who handles medical malpractice cases involving New York … Continue reading Finding “Humanness” in Medical Malpractice Litigation
Last week I asked this question on the AALS list-serv: I’ve been using many of the same role-play scenarios in my Negotiation class for years and all of them have a ZOPA in there somewhere. I’ve found that the students get trained to expect there to always be a deal there, which in some ways … Continue reading Negotiation Scenarios Where No Deal is the Best Result
Now that the national furor has died down over Arizona’s immigration law locally known as SB 1070, some rational commentary is starting to come to the fore. Jack Chin of the University of Arizona has been leading the charge. He, along with others including my colleague Carissa Hessick, have looked at the various claims the … Continue reading Arizona Immigration Legislation (SB 1070) Update
I recently received an announcement regarding an effort involving the Department of Labor and the National Association for Community Mediation. As I understand it, the goal of the effort is to generate some sense of how mediators weigh various definitional aspects or components of mediation. I have separately written a tediously long article entitled “Schmediation … Continue reading Defining “Mediation” — Only 5 days left!
