Tag Archives: DR practice

What’s a Bottom Line?

Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really.  During the life cycle of a case, lawyers start with vague and tentative bottom … Continue reading What’s a Bottom Line?

ABA Dispute Resolution Tech Expo – Sept. 14-18

From the ABA Section of Dispute Resolution: The Section will sponsor the ABA Dispute Resolution Tech Expo on September 14-18. Working virtually is our new normal, but now what?  Besides Zoom, what other tools are out there to make working online easier?  Look no further than the ABA Dispute Resolution Tech Expo.  Tailored to the … Continue reading ABA Dispute Resolution Tech Expo – Sept. 14-18

Consider Cooking Up Stone Soup in the Fall – Especially in Clinical and Externship Courses

During the summer, faculty plan their courses for the fall. This is a good time to consider including Stone Soup assignments in your courses, especially clinical and externship courses. Faculty who used Stone Soup assignments found that they and their students almost invariably were very enthusiastic, feeling that this was a valuable contribution to students’ … Continue reading Consider Cooking Up Stone Soup in the Fall – Especially in Clinical and Externship Courses

Upcoming Events by the ABA Section of Dispute Resolution

Linda Seely, the director of the ABA Section of Dispute Resolution, announced the following programs, which are free for Section members: June 10 at 1pm ET – Leveraging ADR to Strengthen Your Client’s Enterprise. This session prepares lawyers to help their clients leverage ADR in workplace litigation to repair the employer/employee relationship, clearing a path … Continue reading Upcoming Events by the ABA Section of Dispute Resolution

The Next New Normal in Law, Dispute Resolution, and Legal Education

A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).  At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education

Dispute Prevention and Early Dispute Resolution Framework

This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures.  The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation.  The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework

Early Dispute Resolution Processes

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes

LIRA @ CPR

This post summarizes presentations, data collected, and discussion in the “Risky Business: A Toolbox for Managing Litigation Interests and Risks” program on February 28, 2020 at CPR’s annual meeting.  There never is enough time to cover everything you want to say, so this post elaborates the discussion at the program. Based on our book, Litigation … Continue reading LIRA @ CPR

A Story of a Good Divorce

I recently wrote a post about the film, Marriage Story, which depicts a somewhat bad divorce.  That story fit into very common negative narratives about bad divorces and divorce lawyers.  Of course, there are bad divorces and divorce lawyers – though probably not as many as suggested in popular culture.  Indeed, to reflect some balance, … Continue reading A Story of a Good Divorce

The Law Can Be Dangerous to Lawyers’ Mental Health

I’ve said it before and I’ll say it again.  The law can be a very dangerous thing. Although the legal system inevitably is imperfect, it sometimes provides important benefits such as helping people solve difficult problems, making institutions function properly, and promoting justice. Unfortunately, the litigation process needed to achieve these goals often is extremely … Continue reading The Law Can Be Dangerous to Lawyers’ Mental Health

How to Calculate and Use BATNAs and Bottom Lines with LIRA

Everyone talks about knowing one’s BATNA in negotiation and mediation.  But that’s a lot easier said than done. In litigated cases, the value of the BATNA usually is the expected trial outcome, but that is notoriously hard to predict for many reasons.  The outcome of numerous legal and factual issues may depend on the evidence, … Continue reading How to Calculate and Use BATNAs and Bottom Lines with LIRA

Early Bird Discount for ABA Arbitration Institute on March 9-10

From former ABA SDR Chair, Harrie Samaras: Want to learn what the ABA Section of Dispute Resolution’s 13th Annual Arbitration Training Institute is all about?  Check out a podcast by Dana Welch, one of the program co-chairs. In addition to what Dana mentions, here are the top six reasons to attend: It’s being taught by … Continue reading Early Bird Discount for ABA Arbitration Institute on March 9-10