Last year I had occasion to show a mediation video to a group of senior claims executives of European insurance companies who had assembled in Zurich. They loved it, and I was reminded just how powerful this video is to introduce the process of cross-border, cross-cultural interest-based facilitated negotiation to business...
If ever there were a "poster child" for commercial dispute resolution on the basis of shared interest, it is in the ongoing relationship between franchisors and franchisees. The franchisor makes money only if the franchisee sells, and the franchisee sells only if the franchisor supports. What better example of the mutual benefits...
I first came upon the term "Collaborative Law" in 2006 when I met David Hoffman of Boston Law Collaborative. David is a remarkable guy and could sell ice to an Eskimo if he thought the ice would be a benefit. As concerns collaborative law, David is tireless in his advocacy,...
At the Chicago ABA Meeting, a helpful panel was presented on "Ethics Basis for Business Lawyers." The discussion of Rule 4 -- addressing responsibilities with respect to persons other than clients -- boiled down to the ethics of negotiation. One of my favorite definitions of mediation is "negotiation with adult...
Six former Attorneys General formed a panel at the ABA Annual Meeting in Chicago to share perspectives on what must be one of the most remarkable legal jobs in the world....
In her excellent blog (linked on the home page of this blog), Diane Levin does us a great service by cutting to the quick of the debate on certification. Her post is an essential read....
News has spread fast about the complaint filed on Monday July 14 by the Attorney General of Minnesota against National Arbitration Forum. But as usual no one has a more complete first cut than Russ Bleemer of CPR -- read his coverage here. Bleemer links these troublesome allegations of deceptive practices to the...