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All articles tagged '"litigator"'
9 articles found
Where Have All The Idealists Gone? Long Time Passing, Part V
By Jeffrey Krivis - April 6, 2015
Like any new service or product, people started to alter the process of mediation in the adversarial system to meet their objectives. Litigators needed to find out quickly if appropriate resources (money) were available for their case. In order to learn if the process of mediation would be fruitful, litigators encouraged the mediators to bypass the basic essence of what drew the idealists to the field in the first place, self-determination and em
Where Have All The Idealists Gone? Long Time Passing, Part I
By Jeffrey Krivis - March 31, 2015
A recent discussion among a seasoned group of neutrals about the struggles of the professional mediator caught my eye. Some complained that the trend in litigated cases was to reduce the value of the mediator to a commodity, due to the constraints put on them by the litigants who were not process oriented.
The Settlement Drift, Part III
By Jeffrey Krivis - July 17, 2014
Some might argue that the system doesn't need fixing. After all, most providers and successful mediators are enjoying sizable financial benefits, and the courts continue to inundate private industry with referrals. Indeed, when the mediation process is successful it is a joy for all involved and a reminder of why the process gained such favor in the civil justice system.
The Settlement Drift, Part I
By Jeffrey Krivis - July 11, 2014
According to commentator Rachel Maddow in her book "Drift," the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy.
The Chartered Institute for Arbitrators (CIArb) Creates New Trustee Position for Europe
By Victoria VanBuren - January 17, 2013
Elections were held in autumn 2012 to appoint six CIArb Trustees, effective from 01 January 2013. The elections followed the approval of a new Bye-Law, reducing the number of Trustees for Great Britain (England, Wales, Scotland and Channel Islands) from six to five, with one new Trustee representing mainland Europe for the first time in the Institute’s history. The new Trustee for continental Europe was announced as Dr Axel Reeg MCIArb, past Chai
ABA | 7th Annual Arbitration Training Institute | Philadelphia, June 21-23, 2012
By Victoria VanBuren - June 18, 2012
The ABA Section of Dispute Resolution will host its 7th Annual Training Institute on June 21-23, 2012 in Philadelphia. Who Should Attend? Attend if you are seeking a career move to arbitration. Attend if you are an experienced arbitrator or advocate wanting to better understand recent issues in arbitration and improve your skills. Attend if you are a litigator wanting to better utilize arbitration and gain insights about how arbitrators approach
GUEST-POST | More Interest in Empirical Data Weighing on Case Evaluations
By Beth Graham - September 29, 2010
by Don Philbin Earlier this month, I was pleased to be the invited luncheon speaker for the Advanced Texas Administrative Law Seminar in Austin. Of course, I knew that my job was to discuss advanced decision analysis and the analytical and graphical illustration tools that I’ve been working on to help communicate such case analyses. What I didn’t know was that I would be followed by an excellent presentation that would drill into appe
GUEST-POST PART II | Questions Clients Have about Mediation: What are the Advantages and Disadvantages of Mediation?
By Victoria VanBuren - June 1, 2010
By Kent B. Scott and Cody W. Wilson Clients always want to know the advantages and disadvantages of mediation. Without this information it would be difficult to decide whether to mediate. Here is a brief list of mediation’s main advantages. Little discovery is needed. Mediation can take place without having to complete the time-consuming and expensive “discovery process” associated with litigation. (In discovery, the parties can ask each other to
GUEST-POST | Cognitive Errors in Ligation
By Victoria VanBuren - May 17, 2010
By Don Philbin As a student of decision errors in litigation, I was happy to see another empirical study come out this week confirming what we already know with increasing confidence – even well-trained lawyers are subject to the cognitive errors that throw humans’ calibrations off target. We all have to be confident to get out of bed. Parties assigned to buy or sell a house, car, or lawsuit reach different valuations depending simply on which si
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