Arbitration & Mediation

Apology: the Guilt Ridden vs. the Shame Infused

Posted on March 29, 2008
(thanks to Beyond Intractability for the graphic)We talk a lot about apology as a means of descalating conflict for the purpose of engaging in successfully mediated settlement conferences and non-mediated commercial negotiations alike.  You can bargain with someone who is enraged at (or even merely irritable with) you, but your negotiation will be derailed over and over again as feelings interfere with business judgment...

Changing the Other Guy's Mind

Posted on March 28, 2008
Because I'm busy finishing a brief to change someone's mind and Greg May at the California Blog of Appeal is also engaged in making a living instead of answering my idle questions (what? they don't pay us to do this?) he sends along this link at Raymond Ward's blog the (new) legal writer which links to a site we'll all be wanting to visit ChangingMinds...

Changing the Other Guy's Mind

Posted on March 28, 2008
Because I'm busy finishing a brief to change someone's mind and Greg May at the California Blog of Appeal is also engaged in making a living instead of answering my idle questions (what? they don't pay us to do this?) he sends along this link at Raymond Ward's blog the (new) legal writer which links to a site we'll all be wanting to visit ChangingMinds...

50 Ways to Leave Your Dating Service Arbitration Agreement

Posted on March 28, 2008
You just slip out the back, Jack Make a new plan, Stan You don’t need to be coy, Roy Just get yourself free Hop on the bus, Gus You don’t need to discuss much Just drop off the key, Lee And get yourself free   Where matchmaking service moved to compel arbitration of clients’ action alleging that  "consulting agreements" were fraudulently induced, and agreements were [within a] class of contracts regulated by state law expressly rendering nonconforming contracts void and unenforceable, agreements’ failure to expressly set forth language required under dating service statutes--Civil Code Sec...

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Strategy and Tactics for the Sophisticated Commercial Litigation Negotiator

Posted on March 27, 2008
Click on the upper right hand corner and on "view full screen" at the bottom of the drop down menu that appears there. Breakthrough Business Negotiations - Get more free documents

How to Get Your Opponent to the Bargaining Table

Posted on March 27, 2008
Lawyers ask me this question more often than any other.  This week's Blawg Review Host -- TechnoLawyer -- reminded me that I once wrote a very short article on the topic -- contained in the TechnoLawyer Problem Solution Guide available again at the Blawg Review No...

50 Ways to Leave Your Dating Service Arbitration Agreement

Posted on March 27, 2008
You just slip out the back, Jack Make a new plan, Stan You don’t need to be coy, Roy Just get yourself free Hop on the bus, Gus You don’t need to discuss much Just drop off the key, Lee And get yourself free   Where matchmaking service moved to compel arbitration of clients’ action alleging that  "consulting agreements" were fraudulently induced, and agreements were [within a] class of contracts regulated by state law expressly rendering nonconforming contracts void and unenforceable, agreements’ failure to expressly set forth language required under dating service statutes--Civil Code Sec...

How to Get Your Opponent to the Bargaining Table

Posted on March 27, 2008
Lawyers ask me this question more often than any other.  This week's Blawg Review Host -- TechnoLawyer -- reminded me that I once wrote a very short article on the topic -- contained in the TechnoLawyer Problem Solution Guide available again at the Blawg Review No...

Strategy and Tactics for the Sophisticated Commercial Litigation Negotiator

Posted on March 27, 2008
Click on the upper right hand corner and on "view full screen" at the bottom of the drop down menu that appears there. Breakthrough Business Negotiations - Get more free documents

Negotiating En Fran?ais

Posted on March 27, 2008
O.K.  I took French in high school but all I can say now is très malade because I was so sick in Paris once I thought I would die.  Still, French attorney Dominique Lopez-Eychenie has an ADR blog that I have been "reading" for awhile with Babble Fish...

My Readers Ask: How Do You Negotiate with a Sociopath?

Posted on March 26, 2008
Above:  Tony's last session with Dr. MelfiI told you my feelings, every day is a gift...It's just - does it have to be a pair of socks?  Tony Soprano, Episode 74I know what type of negotiation answers people are searching for because my blog's "back end" lists the search terms people use to find me (thanks LexBlog!)  This morning, someone was searching for an answer to the question "how do you negotiate with a sociopath?"  One of the central "in" jokes of the hit and late lamented HBO series The Sopranos is that you cannot successfully love (Carmela) treat (Dr...

Negotiating En Français

Posted on March 26, 2008
O.K.  I took French in high school but all I can say now is très malade because I was so sick in Paris once I thought I would die.  Still, French attorney Dominique Lopez-Eychenie has an ADR blog that I have been "reading" for awhile with Babble Fish...

My Readers Ask: How Do You Negotiate with a Sociopath?

Posted on March 26, 2008
Above:  Tony's last session with Dr. MelfiI told you my feelings, every day is a gift...It's just - does it have to be a pair of socks?  Tony Soprano, Episode 74I know what type of negotiation answers people are searching for because my blog's "back end" lists the search terms people use to find me (thanks LexBlog!)  This morning, someone was searching for an answer to the question "how do you negotiate with a sociopath?"  One of the central "in" jokes of the hit and late lamented HBO series The Sopranos is that you cannot successfully love (Carmela) treat (Dr...

Part II of Negotiating Law Firm Happiness in Connecticut Employment Law Blog

Posted on March 25, 2008
I've been guest blogging (along with many others) over at the Connecticut Employment Law Blog recently.  Yesterday, Daniel Schwartz posted Part II of my article on using conflict resolution techniques and negotiation skills to increase the peace among your partners, whether there be only two of you or more than 1,000...

Conflict Revolution, Mediating Evil, War, Injustice and Terrorism or How Mediators Can Save the Planet

Posted on March 25, 2008
Yes you CAN pre order this book now!!  Right here.  Not ready for the revolution?   Read this review by clicking on the upper right hand corner and hitting "view full screen" at the bottom of the menu. Book Review of Conflict Revolution; Mediating Evil, War, Injustice and Terrorism: How Mediators Can Help Save the Planet by Kenneth Cloke reviewed by Victoria Pynchon - Get more free documents

The FAA Constrains Your Ability to Contract Your Own Arbitration Solution: Supreme Court Decides Hall v. Mattel

Posted on March 25, 2008
Here's the opinion.  Comment later.

Part II of Negotiating Law Firm Happiness in Connecticut Employment Law Blog

Posted on March 25, 2008
I've been guest blogging (along with many others) over at the Connecticut Employment Law Blog recently.  Yesterday, Daniel Schwartz posted Part II of my article on using conflict resolution techniques and negotiation skills to increase the peace among your partners, whether there be only two of you or more than 1,000...

Conflict Revolution, Mediating Evil, War, Injustice and Terrorism or How Mediators Can Save the Planet

Posted on March 25, 2008
Yes you CAN pre order this book now!!  Right here.  Not ready for the revolution?   Read this review by clicking on the upper right hand corner and hitting "view full screen" at the bottom of the menu. Book Review of Conflict Revolution; Mediating Evil, War, Injustice and Terrorism: How Mediators Can Help Save the Planet by Kenneth Cloke reviewed by Victoria Pynchon - Get more free documents

The FAA Constrains Your Ability to Contract Your Own Arbitration Solution: Supreme Court Decides Hall v. Mattel

Posted on March 25, 2008
Here's the opinion.  Comment later.

Settle It Now Announces the Launch of Forbes.com's Business and Finance Blog Network

Posted on March 24, 2008
       Forbes.com to Launch Business and Finance Blog Network.  Excerpt below: Today Forbes.com, home page for the world's business leaders, announced the creation of a Business and Finance Blog Network, comprised of a community of pre-screened, influential business and financial blogs...

Settle It Now Announces the Launch of Forbes.com's Business and Finance Blog Network

Posted on March 24, 2008
  UPDATE:  TODAY THE LAUNCHING OF THE NETWORK WAS ANNOUNCED; I UNDERSTAND THAT THE ACTUAL LAUNCH DATE WILL OCCUR IN THE NEXT FOUR TO EIGHT WEEKS.  Forbes.com to Launch Business and Finance Blog Network.  Excerpt below:  Today Forbes...

English Professors Do It -- Negotiate that Is

Posted on March 24, 2008
The google algorithm throws these random musings on negotiation up to me on a weekly basis because "negotiate" is one of my "google alerts."  (have I said god bless google recently?)Almost all legal writing is collaborative, so I feel this English professor's pain...

Would You Like a Helping of Tolerance and Empathy with that Easter Dinner?

Posted on March 23, 2008
Red and yellow black and white they are precious in his sight Jesus loves the little children of the world.  Lyrics C. Her­bert Wool­ston (1856-1927); Music: George F. Root (1820-1895) (MI­DI, score). Root orig­in­al­ly wrote this tune for the Amer­i­can civ­il war song Tramp, Tramp, Tramp...

English Professors Do It -- Negotiate that Is

Posted on March 23, 2008
The google algorithm throws these random musings on negotiation up to me on a weekly basis because "negotiate" is one of my "google alerts."  (have I said god bless google recently?)Almost all legal writing is collaborative, so I feel this English professor's pain...

Would You Like a Helping of Tolerance and Empathy with that Easter Dinner?

Posted on March 23, 2008
Red and yellow black and white they are precious in his sight Jesus loves the little children of the world.  Lyrics C. Her­bert Wool­ston (1856-1927); Music: George F. Root (1820-1895) (MI­DI, score). Root orig­in­al­ly wrote this tune for the Amer­i­can civ­il war song Tramp, Tramp, Tramp...

Easter Bunny Cross-Examined by Charles Fincher

Posted on March 22, 2008
He could have saved himself the humiliation if he'd been willing to mediate his dispute with Bugs Bunny!Thanks for the incomparable Charles Fincher at LawComix!  and HAPPY EASTER to those of our blog friends who celebrate it! 

John Adams and Ken Cloke's new Book Conflict Revolution

Posted on March 22, 2008
(image from Fixing Australia, the Blog)My husband and I were watching part II of the John Adams series on HBO last night -- the part where Benjamin Franklin gives Adams (Paul Giamatti) some OJT on international diplomacy, beginning with -- and I paraphrase -- "you can't get a man to do what you want him to do by publicly humiliating him...

Changing the Other Guy's Mind: Appellate Advocacy

Posted on March 22, 2008
See Greg May on prepration for appellate oral argument  today:Appellate judges may have a draft opinion prepared, and may rarely change their minds due to oral argument, but — according to at least one justice I’ve spoken to — sometimes they are actually looking for the appellate advocate to give them a reason to change their mind...

Attrition? We Don't Care About No Stinkin' Attrition!

Posted on March 21, 2008
I've got a series of guest posts about using conflict resolution skills to set partnership compensation over at the Connecticut Employment Law Blog while employment lawyer and blogger Daniel Schwartz is in trial.  So I've been thinking about law firm employment issues a lot lately...

Can't Compel Arbitration if You Deny the Contract's Existence

Posted on March 21, 2008
Check out California appellate attorney Greg May's post today -- A Dilemma for Some Defendants Who Seek to Arbitrate here.  Excerpt below.   It’s a long-held rule in California that a defendant sued on a contract may recover attorney fees pursuant to a provision in the contract even if the defendant prevails on a theory that he was not a party to the contract or that the contract is nonexistent, inapplicable, invalid or unenforceable...

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