Arbitration & Mediation

Live and Free Vioxx Settlement Forum Conference

Posted on January 10, 2008
Thanks to Drug & Device Law for pointing us to the CSPAN video of a recent forum on the VIOXX settlement here.This American Enterprise Institute forum will not be beneficial to plaintiffs who are searching for advice on whether to accept the settlement themselves...

The Limitations of Legal Practice are Highly Exaggerated: Our Lawyer in Iraq Reports from His New Post

Posted on January 09, 2008
 I'm finally here in Al Hillah, Babil Province, Iraq. The journey went from DC through London, included a night in Amman, Jordan and one week at the U.S. embassy in the Green Zone in Baghdad. I took a C17 between Amman and Baghdad and a Blackhawk between Baghdad and Hillah...

Los Angeles Grand Jury Pursuing Cyber-Bully Suicide Case

Posted on January 09, 2008
We've covered cyber-bullying here before as well as organizational bullying at the IP ADR Blog here.  As regular readers know, the new issue of the Complete Lawyer is dedicated to bullying by and of lawyers with my own confessional of a little workplace bullying here...

Best Law Blog News of the New Year: Professor Menkel-Meadow to Guest Blog at Concurring Opinions

Posted on January 07, 2008
(pictured, Professor Carrie Menkel-Meadow)Let's face it.  There is not a lot of seriously thoughtful, informed and scholarly discussion of mediation going on.  But now there's some really really good news.  One of the most sophisticated scholars in the discipline -- Professor Carrie Menkel-Meadow -- will be a Concurring Opinions Guest Blogger during the month of January...

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What it Takes to Settle a Case is What it Takes to Be a Great Trial Lawyer

Posted on January 07, 2008
Getting Your Ducks in a RowCheck out Day on Torts for What it Takes to be a Great Trial Lawyer.Why are these abilities the same as those required to settle a case on the most favorable terms?  Because trial is the Best Alternative to a Negotiated Agreement...

The Lawyers Speak: What Counsel Look for in a Mediator

Posted on January 07, 2008
Take a look at the answers Colm Brannigan has gotten on LinkedIn to his New Year's question:  What Qualities Do Counsel Look for in a Mediator here.This is a topic about which there should be an on-going conversation between lawyers and mediators...

The NYTimes Dissects Lawyer Unhappiness with a Note on Following Your Dreams

Posted on January 06, 2008
If you haven't seen it referenced by a hundred law blogs already, here's your link to the New York Times article The Falling-Down Professions, parsing not only legal, but also physician unhappiness.Of all the fool's gold mentioned there (property, power and prestige) the article does contain one note of true value that attorneys might be missing in their practices:Especially among young people, professional status is now inextricably linked to ideas of flexibility and creativity, concepts alien to seemingly everyone but art students even a generation ago...

The Forthright Negotiator Principle? Who Knew?

Posted on January 05, 2008
I don't purport to have been around longer than Moses, but I have been pretty actively engaged in the interpretation of contracts since the early 1980's.  So it comes as a little bit of a surprise to hear of a contract construction doctrine -- even one from out-of-state -- that I've never heard of before...

Make it Rain, Make it Rain, Make it Rain

Posted on January 04, 2008
We know it's short notice, but if you can make it to the Ritz Carlton in San Francisco on January 15 (and shouldn't any excuse do?) don't miss the Lexis/Nexis Women in the Legal Profession Summit -- Rainmaking, Negotiating and Collaborative Development...

Do Good Looking People Negotiate Better Deals?

Posted on January 04, 2008
Both the Wall Street Journal Law Blog (Do Looks Matter in the Law?) and the ABA Journal (Good-Looking Lawyers Make More Money) are reporting -- the WSJ beside a photo of the none-too-beautiful but apparently universally "sexy" Matt Damon -- that good looking people -- even those in the legal profession -- make more money than their less comely peers...

Money and Morals: Ethical Underwriting and Insurance Claims Practices

Posted on January 04, 2008
This blog follows insurance coverage issues from time to time because insurance reimburses us for losses; litigation presumes loss; and, the negotiated resolution of litigation requires the parties to understand the benefits and limitations of everyone's insurance policies...

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