May 19, 2019

Young Lawyer Skills Development - What are your thoughts?

If an overwhelming percentage (greater than 90% by some estimates) of civil
lawsuits are resolved short of trial through mediated settlement negotiations, then
is it prudent to place so much emphasis on "trial advocacy" in legal education and
young lawyer skills development by law firms, bar associations, and others invested
in the civil justice system?

Please provide your thoughts/comments below.

Thank you to Harold Coleman of AAA Mediation.org for this week's question.

May 12, 2019

Settlement - What are your thoughts?

"Settlement" is commonly regarded as the terminal objective of mediation (and particularly among lawyers), but is this view shortsighted?

Please provide your thoughts/comments below.

Thank you to Harold Coleman of AAA Mediation.org for providing this week's question.

May 4, 2019

Multiple Adjournment of Hearing Date - What are your thoughts?

How would you handle multiple requests for adjournment of the Arbitration Hearing date, made by both sides, which repeatedly comes a week or two before the scheduled commencement date?

Please provide your thoughts/comments below.

April 28, 2019

The Psychology of Conflict and Art of Compassion by Dr.Debra Dupree.

The Psychology of Conflict and Art of Compassion by Dr.Debra Dupree.

The Psychology of Conflict and the Art of Compassion_5934.pdf

Party satisfaction with mediation - What are your thoughts?

What might the legal profession do (or not do) to increase party satisfaction with mediation...whether or not parties reach settlement?

Please provide your thoughts/comments below.

Thank you to Harold Coleman of AAA Mediation.org for this week's question.

April 14, 2019

Check-ins about mediating - What are your thoughts?

Should arbitrators build into a preliminary hearing order (and raised at conference) various check-ins with the administrator to take the temperature of parties willingness to mediate? One point might be after discovery deadlines (or a significant deposition), another could be after the evidentiary hearing but before an award is issued.

An order can build in at least two check-in phone calls with the administrator about the parties openness to pursue mediation. The administrator speaks to each party individually. If only one party wants to mediate than the administrator simply advises all parties that an avenue for mediation will not go forward.

Please provide your thoughts/comments below.

April 7, 2019

Non-economic costs of litigation - What are your thoughts?

What might be the non-economic (and perhaps less quantifiable) costs of litigation that parties, counsel and, indeed mediators, all too often marginalize or ignore altogether?

Please provide your thoughts/comments below.

March 31, 2019

Limiting Issues to be Briefed - What are your thoughts?

Should it be common practice for an arbitrator to put strict limitations on issues to be briefed?

Please provide your thoughts/comments below.

March 24, 2019

Awarding Punitive Damages - What are you thoughts?

A recent New York Times headline: "Arbitrator Scolds Fox and Orders It to Pay $178 Million to 'Bones' Team."

Please see the following link:

https://www.nytimes.com/2019/02/27/business/media/bones-fox-arbitration-award.html

What are your thoughts on this case and punitive damages in arbitration matters?

Please provide your thoughts/comments below.

March 16, 2019

Mandatory Arbitration Clauses - What are your thoughts?

Should mandatory arbitration clauses for consumer and employment disputes be banned?

Please provide your thoughts/comments below.