Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

We recently noted an opinion in the District Court for the Southern District on New York, protecting the integrity of the arbitration process by sanctioning a party that had sought to vacate an arbitration award with no grounds whatsoever, except a desire to delay its effect.  Recently the Second Circuit...

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Courts|Mediation

Defrauding Clients OK If Done During a Mediation

Courts|Mediation

Defrauding Clients OK If Done During a Mediation

Every now and then this blog features judicial opinions that interpret mediation confidentiality in seemingly odd ways.  The California Court of Appeals' August 3, 2012, opinion in Hadley et al. v. The Cochran Firm deserves a place in the pantheon. ...

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Conflict Resolution|Negotiation|Teaching

Lande's Disconcertingly Excellent Book

Conflict Resolution|Negotiation|Teaching

Lande's Disconcertingly Excellent Book

It is a cause of dismay, in a way, that the ABA has published John Lande's superb book, Lawyering with Early Planned Negotiation: How You Can Get Good Results for Clients and Make Money.   More than a generation since Frank Sander espoused the "Multi-Door Courthouse," and Jim Henry founded CPR Institute,...

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