Archive for the ‘2009’ Category

February 2010

Loree Forum: First Circuit Considers Whether an Arbitration Clause is Mandatory or Optional –

Disputing: Texas Doctor Proposes Physician-Led Solution to Cut Health Care Costs –

ADR Prof Blog: Cablevision agrees to binding arbitration with Walt Disney Co. in dispute over subscription fees –

Wealth Mediation Blog: Wills, Families and Children: An Ounce of Prevention –

ADR Prof Blog: Mnookin on NPR’s “All Things Considered” –

Disputing: U.S. Arbitration and Mediation Legislative Update –

Psychology Today: What friends know about you that you don’t; When it comes to your personality, you should know?

The Frontal Cortex: Musical Predictions, Redux

Psychology Today: Personality Differences Between Dog and Cat Owners: Dog versus cat owners differ in personality.

PsyBlog: Can You Trust a Facebook Profile?

PGP Mediation: EMBODIED COGNITION (studies how the brain’s abstract thoughts are manifested in body movements)

ADR Prof Blog: Who gets to Decide Unconscionability?

ABA Journal: Are Ghostwritten Legal Blogs Unethical?×6

ABA Journal: For $450 a Month, Bloomberg’s New Legal Research Service Still Has Rough Edges The Top 10 Tips on Managing Conflict, Emotional Tension and Anger

ABA Journal: Judge’s Latest E-Discovery Ruling Is ‘Wake-up Call to Litigants’

Neuromarketing: Flattery Will Get You Somewhere

ABA Journal: Judge’s Latest E-Discovery Ruling Is ‘Wake-up Call to Litigants’ –

ABA Journal: Judge’s Latest E-Discovery Ruling Is ‘Wake-up Call to Litigants’

Florida Arbitration Law: Colorado Supreme Court Upholds Nursing Home Arbitration Killing Mediation: The Specialized, Professionalized And Neutralized Mediator

Chicago IP Litigation Blog: Juries Get it Right — 80% of the Time

Claims Magazine: Claim Rep Pet Peeves (hat tip to Alec Wisner)

ABA Journal: Despite Decreased Revenue at Some Law Firms in 2009, Sunnier Year May Be Ahead

Smooth Transitions: Greatest Hits from Depositions (truth better than fiction?)

The Frontal Cortex: Creative Youth (encultured, weighted down with conventional wisdom, rebel against the status quo)

Psychology Today: Brain Cosmetics and Herculean Memory: Does a big brain make you smart? Preparing For Your Mediation

ADR Prof Blog: Letting the Arbitrator Decide Unconscionability

Healthcare Neutral ADR Blog: Will Healthcare Providers “Game” Quality Measures?

ABA Journal: Supreme Court Adopts Headquarters Test, Hampering Forum-Shopping Plaintiffs

Disputing: Applying Conflict Resolution Skills in Health Care PART II: Separate the People from the Problem

Commercial ADR: The View of American Mediation “Styles” from Down Under

Computational Legal Studies™: What’s Next? Judging Sequences of Binary Events [HT Paul Kedrosky]

Wills, Trusts & Estates Prof Blog: LIfe Insurance and ERISA Plan Benefits After a Divorce Continued Pursuit of New Defendants for Lehman Losses

Robert Half Legal: Lawyers Cite Bankruptcy, Litigation as Key Areas for Continued Growth

Mass Tort Litigation Blog: Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts

The Frontal Cortex: The Blue Brain (many models out there, but this is the only one that’s totally biologically accurate

The Frontal Cortex: Loss Aversion (In this investing situation, being numb to their emotions was a crucial advantage.)

Empirical Legal Studies: Modeling Judicial Dissents

Galima Group: Don’t focus on the money (create value by prioritizing and trading off low for high priority issues)

Smooth Transitions: Breaking Down Legal Jargon on Texas Non-Competes

Goldstein Litigation & Arbitration Chambers: Preclusive Effect of Prior Award is Arbitrable Issue

Mediation Matters: Mediation Follow Up: What, Why and How

The Frontal Cortex: Cartesian Metaphors

Disputing: When Not To Negotiate: My Tree, My Neighbor’s House

Loree: Stolt-Nielsen Analysis, Part V: Should Class or Consolidated Arbitration be Imposed if the Contract is Silent?

PrawfsBlawg: Allocating power between courts and arbitrators – and why scholars of federal courts should care

Empirical Legal Studies: Why Judges Do What They Do

Journal of Empirical Legal Studies: Why ADR Programs Aren’t More Appealing: An Empirical Perspective

Healthcare Neutral ADRBlog: Arbitration Opt-Out Provisions Look Like Good Medicine

Disputing: ABA Section of Intellectual Property | Complex Patent Suits: The Use of Special Masters for Claim Construction

Cross Collaborate: Consensus Building and the Unshakable Rightness of Belief

The Frontal Cortex: Facebook Friends (Cro-Magnon ancestors knew how it feels to be surrounded by chatter of other people)

Richard A. Posner: The Economic Consequences of Emotion

Predictably Irrational: My Take on the NY Times Pay Wall

Family Law Prof Blog: Ratner: “But from Where Will the Money Come? Community Property Liability for Child Support”

Family Law Prof Blog: Marrying Young as the #1 Predictor of Divorce?

Commercial ADR: Should We Hire an Attorney to Settle a Property Line Dispute?

Goldstein Litigation & Arbitration Chambers: The Court of Arbitration for Sport: An Olympic Viewer’s Guide

idealawg: Is LEGO® dispute resolution the next step for conflict professionals? (Clint Swindall doing this 10 years ago)

Loree Forum: SCOTUS Oral Argument in Jackson v. Rent-a-Center West, Inc. Set for April 26, 2010

The Frontal Cortex: The Isolated Mind (no mind is an island; our neurons depend on the neurons of others)

Mediation Matters: News About Medicare Lawsuit For Recovery of Medical Expenses

Settlement Perspectives: In Mediation, Who Gets To Say “We’re Done”?


ADR Prof Blog: The Best Blog Post About Puffing Ever (puffery is self-aggrandizing speech for promotional purposes)

Healthcare Neutral ADR Blog: Healthcare Self-Disclosure – “I’m Sorry” Revisited

The Strategic Mediator: Language as a Tool of Conflict Resolution: The problem of familiar address

Commercial ADR: Heads’ Up California Homeowners: If the Subdivision is Defective: Sue the Subcontractors Too!

Disputing: Ten Hallmarks of Effective International Arbitration Agreements

AAA: ADR Strategies That Save Time and Money (expert faculty address DR strategies that work throughout conflict)

Financial Times: Toyota hit by multiple lawsuits

ADR Prof Blog: Harvard Negotiation Law Review Symposium – The Negotiation Within

Mediation Matters: With Bad Economy Jurors Get Hostile

Texas Lawyer: Plaintiffs in Case Pending More Than Four Years at Texas Supreme Court Sue Justices Over Delay

The Settlement Channel: Speaking of Settlements, MetLife structured attorney fees updated

Texas Collaborative Law Blog: What Happens to the Family Business?

Disputing: Applying Conflict Resolution Skills in Health Care PART I: Principled Negotiation Method



LA Times: Kenneth Starr leaving Pepperdine Law School to become Baylor president

Fordham Symposium (Samuel Issacharoff & Robert H. Klonoff): THE PUBLIC VALUE OF SETTLEMENT


Fordham Symposium (Owen M. Fiss): THE HISTORY OF AN IDEA

Fordham Symposium: SOME THOUGHTS ABOUT THE ECONOMICS OF SETTLEMENT (assumption of rational, wealth-maximizing action)

ADR Prof Blog: Fordham Law Review symposium issue on Against Settlement by then Yale Dean Owen Fiss

Cross Collaborate: Consensus Building: Changing Minds to Reach Agreement

Disputing: Free Podcast | How To Work With E-Mediation and Special Masters in E-Discovery Cases

Wills, Trusts & Estates Prof Blog: Destroyed Community Property, Insurers’ Duty to Indemnify Innocent Spouses

Dallas Divorce Law Blog: How to get the property you want and help keep costs down×1

ABA Dispute Resolution Section: Join us for the Largest ADR Conference in the World! April 8-10 in San Francisco

Dallas Divorce Law Blog: Can the Divorce Judge Make Me Turn Over My Business’ Cash to My Spouse?

idealawg: Embodied cognition: Your body’s processing (Be careful about what you and your body hear)

Child Psychology Research Blog: Mozart Effect: The effect of music on premature babies

ADR Prof Blog: Mediation, Texas Tech & Mike Leach

ADR Blogs: Competition not Conflict

Texas Lawyer Blog: Starting their engines in Toyota litigation

Disputing: Employment Arbitration: Issues Implementing the ‘Franken Amendment’

Mass Tort Litigation Blog: Toyota Recall Spurs Lawsuits and Talk of Lawsuits

Wired GC: US News Joins Law Firm Rank-O-Rama

Kluwer Arbitration Blog: Statistics on ICSID Cases

Tammy Lenski: The case for extended, integrated mediator preparation

Dispute Settlement Counsel: Differences between Collaborative Law (CL) and Mediation

IPWatchdog: Toyota Wins Summary Judgment in Hybrid Patent Litigation

Legal Writing Prof Blog: New York Times reports on big changes coming to commercial legal research engines

Mediation Channel: Right before your eyes: on cognitive fluency, graphical literacy, and illusion (must watch 1st video

Healthcare Neutral ADR Blog: Changes In Scope Of Healthcare Practice = Conflict, Too

Wills, Trusts & Estates Prof Blog: Johnson & Johnson Heiress Was Born Into Privilege But Died in Squalor

Workplace Prof Blog: Unions Kill EFCA (Employee Free Choice Act)

Wealth Mediation Blog: Putting the Horse Before the Cart: Non-Tax Issues in Business Succession Planning

Galima Group: Prepare five times longer than you negotiate (detailed planning and preparation are critical to success)

Commercial ADR: 9/11 Settlements Likely to Be Most Complex in Many a Decade

Adjunct Law Prof Blog: Citing Wikipedia In Court

Disputing: Fifth Circuit Compels Arbitration of Attorney’s Fees Dispute Between Law Firm and Former Client

Wills, Trusts & Estates Prof Blog: Debunking Texas’ Community Debt Myth

Litigation and Arbitration Chambers: Evident Partiality: Should Judges Review the Merits for Evidence of Bias?

Business Conflict Blog: Arbitrator Selection: How About a Compatible Personality?

ADR Prof Blog: Cert Petition Filed Raising FAA Preemption — Concepcion

Texas Lawyer: Become aware of the power of the hidden brain

Wills, Trusts & Estates Prof Blog: Trust Jurisdiction in Texas

Neuroethics & Law Blog: “The Costs and Benefits of Calculation and Moral Rules” (research on decision making)

Mashable: Why Twitter Wants to Know Where You Are

ADR Prof Blog: Football, Diplomacy, and The Onion

Wills, Trusts & Estates Prof Blog: The Best and Most Wealth Friendly States for Trusts

Mediation Matters: Mediation in History: The Quakers the oldest mediation organization

Dallas Divorce Law Blog: Married men = higher income

Smooth Transitions: Lessons from Conan’s Non-Compete Negotiations

BPS Research Digest: Psychology researchers aren’t paying enough attention to debriefing their participants

TaxProf Blog: Why Are Professors So Liberal?

Computational Legal Studies™: Interactive Chart – Real Estate Prices to Income [Via The Economist]

ADR Blogs: International Arbitration Blog

Commercial ADR: Contractor Alert! Time on Your Hands? Want to Play Litigation?

Computational Legal Studies: Visualizing the Campaign Contributions to Senators in the 110th Congress — The TARP EDITION

Cross Collaborate: Making Sense of Data through Visualization

Neuroethics & Law Blog: Enhancing Ability to Deceive

Kluwer Arbitration Blog: Investor misconduct and investment treaty arbitration: mapping the terrain

Florida Arbitration Law: Mold in Florida Home Construction Case Sent to Arbitration

SCOTX Blog: Interlocutory appeals: Does the TX Sup Ct have a special role in correcting errors about federal law?

Law Department Management: A view that managing organizational complexity is a top priority of general counsel

Brains On Purpose™: Our hidden brain: How much of an influence does it have on our decisions?

Disputing: Microsoft Wins Domain Name Arbitration

The Complex Litigator: 9th: class rep can settle ind claims but retain personal stake to appeal denial of cert

Mediation Channel: Fallacious Argument of the Month: the Appeal to Authority

Brains On Purpose™: Neurososcience evolved from an interdisciplinary specialty to a full fledged scholarly discipline

ADR Law: ADR and the State of the Union

Mediation Matters: This one time in Band Camp, I Learned to Empathize

Harvard Negotiation Law Review: New Perspectives in Negotiation: A Therapeutic Jurisprudence Approach

The Trial Warrior Blog: Jonathan L. Rubin #SSRN on “Twombly and its Children”

Adjunct Law Prof Blog: Supremes Grant Cert In Commerical Arbitration Case That Has Labor Implications

Goldstein: Mediator Tactics to Solve the Stubborn Case

Disputing: Harvard Medical, Dental, & Public Health Newsletter: Conflict Resolution in Health Care

ADR Prof Blog: Chocolate Cake v. Fruit–Or Why Get Emotional During “Rational” Negotiations (cognitive overload=emotional)

Copyrights & Campaigns: Court reduces award to $2,250/song; avoids constitutional issue; enjoins further infringement

SCOTX Blog: CourTex: Rate of jury trials in Texas (roughly 0.5% of civil matters ended in jury trial during last 3 yrs)

The Decision Tree Analysis Blog: Your Next Decision Tree: How Will You Account for Litigation Fees and Costs


January 2010

So many wonderful blogs offer insights into the facets of negotiation theory and practice that I’ve had to share many of them over time. I used to snail mail news clippings. That was replaced by email. Social media have opened up new ways to share information. Google Reader helps me cover around 100 blogs and news sources efficiently. The highlights are time-released through Twitter (, Facebook (, and LinkedIn ( This blog collects that feed. Credit goes to the writers; these headlines link you to their fine work.

PsyBlog: Cheating: Does Deindividuation Encourage It? (social psychology experiment on Halloween illuminates cheating)

BrainBlog: Aerobic Exercise and Neurons

The Frontal Cortex: Musical Predictions

BPS Research Digest: Hospital staff make better decisions using textual information rather than medical charts

Dallas Divorce Law Blog: How to Divide Marital Property in a Dallas, Texas Divorce

BPS Research Digest: Scared face processed more quickly when seen out of the corner of the eye

Psychology Today: The Dynamic Duo: Imagination + Knowledge: Study connects daydreaming and superior intelligence

Brain Waves: Tel Aviv Neurotech Cluster Thrives Email This Entry

PsyBlog: The 7 Psychological Principles of Scams: Protect Yourself by Learning the Techniques

BPS Research Digest: Early risers are more proactive than evening people

Healthcare Neutral ADR Blog: Mediator’s Proposal Roundtable

Goldstein: Judicial Enforcement of Arbitral Provisional Measures

Disputing: More on ‘Bad Faith’ Mediation in Texas

Disputing: Mediation in Healthcare: Interview with Healthcare Neutral Richard Webb

Wired GC: Legal Recovery Watch: the Real Unknown

ADR Prof Blog: Sternlight on Rent-a-Center West

idealawg: Some articles for you on decision tree analysis

Goldstein: Post-Award Reconsideration: More Evolved Thoughts on the Second Circuit’s T. Co. v. Dempsey Decision

ADR Prof Blog: FINRA’s arbitration filings rise almost 50% in 2009

The Frontal Cortex: Chess Intuition (experts don’t consciously analyze information) Time profile

Disputing: 2009 Arbitration Case Law: Fifth Circuit (nice summary) The Psychology Of Mediation, Part I: The Mediator’s Issues Of Self And Identity

Kluwer Construction Blog: Making Demands on Advance Payment Guarantees and Performance Bonds – the “fraud exception”

Mediation Matters: The Mediator’s Proposal Roundtable: The Good, the Bad, The Ugly

Business Conflict Blog: SCOTUS Grants Cert in Employment Arbitration

ADR Prof Blog: Supreme Court Grants Cert in Arbitrability Case

Mediation Matters Vanna, Can I See if There a Sincere Apology For $500?:

SCOTX: Fifth Circuit: Mid-Continent Insurance does not extend to the duty to defend

Neuroethics & Law Blog: “Forgetting We Forget: Overconfidence and Memory”

Adjunct Law Prof Blog: Jury Verdict Research In Employment Discrimination

Adjunct Law Prof Blog: More law schools experiment with laptop bans

Mashable: Zen and the Art of Twitter: 4 Tips for Productive Tweeting

Law Department Management: In the noise about Pfizer’s massive fixed-fee arrangement, a whispered question Law Library of Congress: Now on YouTube

Dallas Divorce Law Blog: I made a huge mistake, can I get an annulment?

ADR Prof Blog: Deadline looms for closed GM and Chrysler auto dealers to challenge their termination in arbitration

Straus Institute for Dispute Resolution at Pepperdine Law School: Stipanowich’s Work Named ‘Best Professional Article’

CourTex: Workload of District Courts (Criminal 40.6%; Civil 20.7%; Family 34.0%; Juvenile 4.7%)

Kiser: Beyond Right and Wrong: The Power of Effective Decision Making for Attorneys and Clients (extension of his JELS piece)

The Frontal Cortex: Self-Control, Redux

NPR All Tech Considered: IBM Predicts Five Trends For Cities

TaxProf Blog: Taxpayers Win 14% of Tax Cases

Business Conflict Blog: You Gotta Wonder, Sometimes….

Mediation Stuff – John Lassey’s ADR Web Log: That’s Not My Department

Wills, Trusts & Estates Prof Blog: Attorney’s Fees in Probate — New Texas case

Computational Legal Studies™: Sean Gourley on the Mathematics of War

Loree: Vacating Arbitration Awards – Part III.B: Evident Partiality (Enforcing the Parties’ Expectations of Neutrality)

Wills, Trusts & Estates Prof Blog: Can a deceased person be a trust beneficiary?

Psychology Today: Managing Conflicts With Email: Why It’s So Tempting.Dealing with conflict: Can’t I just email ;)?

Mass Tort Litigation Blog: Gensler on CAFA’s effect on state court class actions

Mediation Matters: Poker Wins Can Really Mean You Lose in Life’s Negotiations

idealawg: “Close Encounters Of The Desired Kind: Study Reveals Wanted Objects Are Seen As Closer”

Settle It Now Negotiation Blog: Do Attorneys’ “Get in the Way” of Mediator Assisted Negotiations?

Schau’s Mediation Insights: New Employment Case Limits Right to Recover Attorneys Fees

Disputing: 210 Billion Emails Sent Each Day –It’s Time to Use eMediation or Special Masters in eDiscovery

Commercial ADR: Ninth Circuit Permits Class Representative’s Appeal Despite Settlement of His Personal Claims

ABA Litigation News: Eighth Circuit Upholds Class-Action Waiver

Texas Lawyer Blog: Firm mergers down in 2009, report finds

Trial Warrior Blog: Twitter and Emergence of a New Market: How Twitter is Disrupting Market Exchanges Based Upon Price

Mashable: Facebook Founder on Privacy: Public Is the New “Social Norm”

Loree Forum: SCOTUS Grants Certiorari in Jackson v. Rent-a-Center West, Inc. Arbitration Unconscionability Case

Adjunct Law Prof Blog: Failure To Seek Arbitration Stay Precludes Employer From Arguing That The Matter Is Not Arbitrable Legal Blog Watch: Of Am Law 100 Firms, 29 Are Tweeting

Wills, Trusts & Estates Prof Blog: Using a bill of review in a probate matter — Texas style

Loree: Arbitration Nuts & Bolts: Vacating Arbitration Awards – Part IIIA: Evident Partiality (Expectations of Parties)

Disputing: Supreme Court Agrees to Hear Arbitration Unconscionability Case

CourTex: Vanishing Jury Trials (latest stats out of court administration)

Mashable: AT&T and Verizon Slash Their Prices in an All-Out Price War

Predictably Irrational: The Science Behind Exercise Footwear

Florida Arbitration Law: Should Your Business Contracts Include Pre-Suit… Mediation?

Gerry Spence’s Blog: Why I hated Avatar

Loree: Some New and Useful Resources for Arbitration and Mediation Fans Courtesy of Don Philbin and Victoria Pynchon

Law Department Management: Three law firms formed a collective to bill Pfizer as a single firm

The Frontal Cortex: Avatar

The Frontal Cortex: Charity is Social

Predictably Irrational: What boyfriends and girlfriends search for on Google

Psychology Today: The Globalization of Psychiatry – Universalizing Our Mental Illness Rather than creating science

Vogel: Facebook – Weather Report and Lobbying Members of Congress

The Frontal Cortex: Intelligence and the Idle Mind

Managerial Econ: Mathematica Demonstration project

Dallas Divorce Law Blog: We were separated in NY, but reconciled and lived together in Dallas. Am I still married?

Psychology Today: God, Lincoln, and Depression: How Abraham Lincoln could be both depressed and unassailably strong

Mnookin: Bargaining with the Devil: When to Negotiate, When to Fight Amazon: (Mnookin is ADR giant)

Disputing: Professor Alan Scott Rau Comments on Dealer Computers v. Old Colony Motors

Patently-O: Wikipedia Citations in Patents Up 59 Percent

Texas Lawyer: The lingering effect of decisions made under the influence of negative emotions

Loree: Stolt-Nielsen Oral Argument Analysis: Part IV

Philosophical Transactions of the Royal Society: Biological Sciences Theme Issue ‘Rationality and emotions’ (free-2/28)

ABA Litigation Update: Court Rejects Bank of America–Merrill Settlement, Changes Securities Landscape

Marc J. Goldstein: Referring Arbitrability Issues to the Arbitrator

The Strategic Mediator: Mediation between the Rational and Irrational – a little about tigers and stripes…

Commercial ADR: Business2Business “Demand Letters” – Precede Them with a Conversation

Florida Arbitration Law: 11th Circuit Considers Sprint Nextel’s Arbitration and Class Action Waiver Clauses

Mediation Matters: Medicare Reimbursement Rights: 2010

Loree: The LinkedIn Commercial and Industry Arbitration and Mediation Group is Now More than 500 Members Strong! #in

Negotiation Journal: Facilitating Conflict Transformation: Mediator Strategies for Eliciting Emotional Communication

Disputing: GUEST-POST PART II | Employment Arbitration: Short-Term Value but Long-Term Harm

Disputing: GUEST-POST PART I | Employment Arbitration: Short-Term Value but Long-Term Harm

Negotiation Journal: The Negative Impact of Attorneys on Mediation Outcomes: A Myth or a Reality?

Disputing: 2009 Developments in Mediation: Joint Commission Standard on Code of Conduct


CalculatedRisk: First Foreclosure in Dubai

Marc J. Goldstein: A Legislated Solution to the Class Actions Conundrum?

Settle It Now Negotiation Blog: Don’t Leave Money on the Table or Pay Too Much for that Release this Year (Thanks Vickie)

Wisconsin AP News: AFT, Democrats Want UW System To Sign Union Deal (UWisconsin selects colleague Richard Barnes)

Disputing: Dispute Resolution Journal Article: Decisional Errors: Why We Make Them and How to Address Them (Thanks!)

CATASTROPHIC INS COVERAGE: Collateral Source Rule Protects Tort Plaintiff’s Recovery for Health Insurance Discounts

Patently-O: Judge versus Jury (Again): Who Should Decide the Question of Obviousness?

Florida Arbitration Law: Post details: NY Court Questions Whether Arbitrability is Best for Court or Arbitrator

Dallas Divorce Law Blog: Custody Battle: Dad’s Story

idealawg: New criticism of learning styles: May we FINALLY say goodbye to visual, auditory, and kinesthetic (VAK)?

Brains on Purpose: Being strong and silent, or meek and mild, may turn you weak and wild

The Ombuds Blog: The Ombuds Decade in Review

Adjunct Law Prof Blog: The Decades 25 Biggest Legal Stories

The Frontal Cortex: Tiger Woods (the defining feature of human willpower is its weakness)

Brain Waves: McGovern Institute for Brain Research at MIT – Must See 20 Minute Video (excellent research and video)

Wills, Trusts & Estates Prof Blog: New Edition of Texas Elder Law Released

Psych Central: Smiling Increases Good Samaritan Behavior

Law Department Management: Three common delusions that confound our decision-making

Dispute Resolution Journal: Decisional Errors: Why We Make Them and How to Address Them #in

Workplace Prof Blog: Hart on Supreme Court Extremism

NYT Op-Ed by CA & NH CJs: A Nation of Do-It-Yourself Lawyers (self-help Web sites, online assistance programs, etc.)

Business Conflict Blog: Man Bites Dog: Employment Arbitration Takes a Bashing

Brains On Purpose™: The brain and culture: “The mind’s great conflict spills over onto the world stage”

Law Department Management: The longer the litigation, the higher the fees – but a linear relationship?

Predictably Irrational: The Significant Objects Project

CATASTROPHIC INSURANCE COVERAGE BLOG: Chinese Dry Wall Redux – United Policyholders Nudges the Insurance Regulators

Empirical Legal Studies: Prediction Markets vs. Super Crunching: Which Can Better Predict How Justice Kennedy Will Vote?

Patently-O: Recent Jury Verdicts

BPS Research Digest: Right-handers sit to the right of the movie screen to optimise neural processing of the film

Commercial ADR: An insurance coverage negotiation case study

FL Arbitration Law: Preclusion or Permission: SCOTUS Hears Case Re Class Actions When Arbitration is Silent

Settlement Perspectives: A Simple Thank You (highlights many blogs and publications)

Brains on Purpose: Video of magicians discussing attention, perception, and memory at Neuroscience 2009

Commercial ADR: How to Convince Your Adversary You’re Right

Patently-O: The Presumption of Irreparable Harm?

Loree: Arbitration Nuts & Bolts: Vacating Arbitration Awards — Part II: Corruption, Fraud and Undue Means

Takeaways: Playing By the Rues: When Mediation is Like Improv (Jeff Krivis teaches Improvisational Mediation at Straus)

Settlement Perspectives: In-House Legal Blogs, Social Media and Web 2.0: Can They Advance Your Career?

Florida Arbitration Law: Florida Supreme Court Orders Mediation for Foreclosures

Legal Writing Prof Blog: The Bluebook publishes online “cheat-sheet” (“Blue Tips”handles Bluebook questions)

CrossCollaborate: Robert Benjamin on the Irrational Rationality of Mediation Models

Patently-O: Appellate Court Enforces Permanent Injunction against Microsoft Word

idealawg: Fine idea: ADR Highlight Reel (thanks!)

Legal Writing Prof Blog: legal writing prof on Who Wants to Be a Millionaire on January 4, 2010 — better than LA lawyer?

PsyBlog: When Situations Not Personality Dictate Our Behaviour

The Frontal Cortex: Free Will and Ethics (free will illusion leads us to be more prosocial and ethical)

CrossCollaborate: Mediating on Two Tracks: the Rational and the Rest of Human Nature

RT @PhilLoreeJr: A great new #ADR online resource courtesy of @DonPhilbin: the ADR Highlight Reel: (thanks Phil)

Dallas Divorce Blog: Fair market value vs. Intrinsic value: Which one to use?

BankruptcyProf Blog: Annual Report on the Federal Courts – 2009

Business Conflict Blog: Some Helpful Principles of Competitive Negotiation

idealawg: Turning back the clock of time: How this columnist knocked ten years off his age

FL Arbitration Law: Treating Doctor & ARNP Not Intended to be Included in Resident-Nursing Home Arbitration Agreement

Wills, Trusts & Estates Prof Blog: Electronic Wills Analyzed (Shattering and Moving Beyond the Gutenberg Paradigm)

Adjunct Law Prof Blog: Arbitration award vacated after court finds arbitrator exceed his authority

Brains on Purpose: Watch the videos from the U of Chicago conference on how the social brain experiences empathy

idealawg: Law firms looking at rate bumps in 2010

BPS Research Digest: What does a doodle do? It boosts your memory and concentration

BPS Research Digest: People are happier in those states identified with ‘quality of life’ full list

The Frontal Cortex: Willpower (New Year’s resolutions are exactly the wrong way to change our behavior)

Psychology Today: What an Effective New Year’s Resolution Looks Like: The curious case of successful resolution keeper.

ADR Prof Blog: Avatar and Invictus (movie reviews — from a DR perspective)

idealawg: Review of The Master and His Emissary: The Divided Brain and the Making of the Western World

2009 Highlights

ADR Prof Blog: Drinking Games and Negotiation (new study (in bars) of old negotiating problem)

Wills, Trusts & Estates Prof Blog: Canadian television production company seeks dramatic will stories

Predictably Irrational: Visual illusions and decision illusions (fooled in predictable and consistent ways over and over)

Psychology Today: Sugar Addiction In Your Body, Not Just Your Mind: Is out of sight, out of mind the best policy?

Disputing: 2009 Developments in Mediation: Mediation Confidentiality

Disputing: 2009 Arbitration and Mediation Guest-Bloggers at Disputing

Xobni Blog: Xobni 1.8.5: Major Improvements for All, and Free “Links Exchanged” Upgrade for Xobni Plus Members (nifty)

Business Conflict Blog: Gender and Negotiation: An Interesting Study of a Perennial Topic

Goldstein: Arbitral Discretion to Refuse Tactical Adjournment Requests

The Complex Litigator: Adobe rolls out significant upgrades to, improving user experience and machinery

Xobni Blog: First Round gives Susan Boyle a Run for her Money (patent apps may be down but these innovators inspire)

Disputing: Fifth Circuit Rules that the Arbitrators -Not the Courts- Must Decide Who Pays the AAA Arbitration Fees

Patently-O: Predicted 2009 Patent Application Filings: An off year (CNN: “Recession’s latest victim: U.S. innovation”)

Kluwer Construction Blog: Flexible Arbitration Filing Fees Introduced by AAA

Mediation Matters: Mediation in History: Far East: Mediation: It’s Wonderful

Enjoy Mediation: Emotions in Negotiation

SCOTUS Blog: Sarbanes-Oxley and its devilish details: Free Enterprise Fund v. PCAOB, 08-861, Argument Recap

The Trial Warrior Blog: My “22 Tweets Twitterview” (website, online directories, & Google SEO increased engagements)

TortsProf Blog: RAND Report on Silica Litigation Released

Disputing: 2009 Developments in Arbitration: Consumer and Employment Arbitration

The Complex Litigator: Costco Wholesale Corp. v. Superior Court puts the privilege in attorney-client privilege

Mediation Channel: What color is a banana? Perception, bias, and identity

negotiation – mediation – arbitration highlight reel: @DonPhilbin,,

Mass Tort Litigation Blog: Florida Verdict Against Philip Morris

Wills, Trusts & Estates Prof Blog: Farewell Videos (while videos can head off disputes, they also can backfire)

Business Conflict Blog: ADR in Italy

The Consensus Building Approach: Resolving Complaints About Irresponsible Corporations

Computational Legal Studies: Which Countries Own America’s Debt? (reduce complexities to elegant graphs)

Psychology Today: Poets vs. Critics: Different Brain Systems

Wealth Mediation Blog: Avoiding Hostile Holidays

idealawg: 50 Great Myths of Popular Psychology: Shattering Widespread Misconceptions about Human Behavior

Mediation Matters: Anger, The Reasons, The Righteousness, and Rationale

TortsProf Blog: Engstrom on Personal Injury “Settlement Mills” (SSRN article: “Run-of-the-Mill Justice”)

BPS Research Digest: Scientists find way to strengthen memories during sleep (sleep important to memory consolidation)

Wills, Trusts & Estates Prof Blog: Cave Dwellers to Become Billionaires

When you point a finger at someone else, always remember that there are three pointing back at you.

BPS Research Digest: Step away from the cookie jar! Over-confidence in self-control leads us to temptation

Managerial Econ: Refugees from New York

PsyBlog: The 12 Psychology Studies of Christmas

Kluwer Arbitration Blog: Agency as a mechanism for compelling a non-signatory to join arbitral proceedings

idealawg: Want to live a long life? Listen to music or volunteer

Predictably Irrational: The Psychology of Gift-Giving

Workplace Prof Blog: Supreme Court Grants Cert in Quon Privacy Case

CAFA Law Blog: $5 Million?? That’s a Large Threshold . . . Or is it?

Mediation Matters: The New Type C Personality: Emotionally Repressed

Mashable: Pepsi to Skip Super Bowl Ads in Favor of $20M Social Media Campaign

Loree: Stolt-Nielsen Oral Argument Analysis: Part III (perhaps best ongoing analysis of the only SCOTUS arbitration case)

Settlement Perspectives: Insurance Coverage: 4 Rules and 10 Tips for Policyholders

Disputing: 2009 Developments in Mediation: Foreclosure Mediation Programs

idealawg: Do actions, tone, or body language speak louder than words? That silly 55/38/7 rule again

Loree: Interesting Article on Arbitrator Power to Retain Jurisdiction

Disputing: 2009 U.S. Legislation on Arbitration and Mediation

Disputing: 2009 Texas Legislation on Arbitration and Mediation

The Frontal Cortex: Why We Travel

Mediation Matters: SLO verdict in Nursing Home Case

Brains on Purpose: The brain for non-scientists: A 75-minute lesson in 12 short segments

Goldstein: “Investments” in Investment Arbitration: A New Installment in the Jurisprudence

ABA Journal: Jurors’ Wikipedia Research, Friending at Issue in Two Md. Cases

The Frontal Cortex: The Middle Way (the “compromise effect” was first documented by Amos Tversky and Itamar Simonson)

Disputing: Obama Signs Legislation Providing Arbitration to Appeal Termination of GM and Chrysler Franchise Agreements

ABA Journal: Patent Pending (bill would establish a 10-year pilot program in U.S. district courts with most patent cases)

Patently-O: Federal Circuit Lowers Bar for Declaratory Judgment Jurisdiction When Patentee is a Holding Company

Complex Litigator: California Supreme Court sets 1-1 punitive damage to compensatory ratio on facts in Roby v. McKesson

Florida Arbitration Law: Second DCA Confirms “Widely Used” Durable Power of Attorney Form Includes Selecting Arbitration

Wills, Trusts & Estates Prof Blog: Divorce Now, or Divorce Later for $55 million?

Loree: Some Helpful Rules and Tips for Policyholders and Cedents Courtesy of Settlement Perspectives

The Trial Warrior Blog: Peter Gillies on “Forum Non Conveniens in the Context of International Commercial Arbitration”

Cross Collaborate:The Back of the Napkin: New Approaches to Visualizing and Communicating Ideas

Settlement Perspectives: Delivering Bad News in Negotiation: 3 More Tips

ThePopTort: “Medical Errors are Our Bad” (bill proposes to give money to states to consider litigation alternatives??)

BankruptcyProf Blog: A Summary of Bankruptcy Law (appeared before you for a mediation in an adversarial proceeding)

The Divorce Collaborative: Tips for Surviving the Holidays During and After Divorce by Steve McDonough, Esq.

Psychology Today: The Brain at Google: How Google makes smart employees even smarter (distractions down / glucose up)

ThePopTort: Bank of America, Dinosaurs, and Mandatory Binding Arbitration (good year for consumers)

Dallas Divorce Law Blog: Am I still entitled to my ex’s social security benefits after our divorce?

Bankruptcy Litigation Blog: SCOTUS Drops Bombshell “Summary Disposition” Vacating 2d Circuit’s Chrysler Decision

Jottings By An Employer’s Lawyer: A Pre-Cursor to the Arbitration Fairness Act Takes Another Step

BPS Research Digest: Psychologists find a drug-free way for fears to be unlearned

Workplace Prof Blog: Franken Versus Mandatory Arbitration

idealawg: THE BRAIN ADVANTAGE: A new book on the brain in the workplace

Dallas Divorce Law Blog: How To Make It Through The Holidays After Divorce

Wills, Trusts & Estates Prof Blog: Price for Cheating — $5,000,000

Mediation Channel: Remembering the human factor in the practice of law

Loree: Stolt-Nielsen Oral Argument Analysis: Part II

Loree: Stolt-Nielsen Oral Argument Analysis: Part I (finally getting to Phil’s fine analysis)

idealawg: “Stories from the Jury Room: How Jurors Use Narrative to Process Evidence”

Wills, Trusts & Estates Prof Blog: First Time Litigating in Probate Court?

RT @dianelevin: Changing the world one dispute at a time: #FF to @KatriK @_mediationworks @BenZiegler @chicagomediator @DonPhilbin

RT @BonnieRN: #FollowFriday would not be complete without recommending Legal People I admire–> @ValentiLaw @chicagomediator @DonPhilbin

ABA Journal: The North Face Sues The South Butt for Trademark Infringement (truth better than fiction for Friday Funny)

#FF @dianelevin @IntlDispNegPod @PhilLoreeJr @ECGreaves @abegler @ValentiLaw @txconflictcoach @mgoose12 @ChicagoMediator @BonnieRN @AlexWisn

Don Philbin is delighted to have been elected a Fellow of the American College of Civil Trial Mediators #in

Mediation Channel: Playing around: game theory in popular culture

Tim Corcoran Congratulations on being accepted as a Fellow in the American College of Civil Trial Mediators!!!! You’ll make a great contribution to the group. Welcome aboard and Happy Holidays.

Brains on Purpose: Are you promoting yawning in your mediations? If not, you may want to rethink that

Disputing: 2009 Arbitration Case Law: U.S. Supreme Court

Mediation Matters: Mandatory and Voluntary Mediation: A Comparison of Effectiveness and Perspective

ADR Prof Blog: Is NBC Bargaining in the Shadow of Fuzzy Antitrust Law?

Mediation Matters: The Words You Choose Can Decrease Your Stress

Disputing: 2009 Arbitration Case Law: Texas Supreme Court

Kluwer Construction Blog: Contractor risk in the Gulf’s ‘new wave’ of EPC contracting

Psychology Today: The Danger of Self-Affirmation: Self-affirmation isn’t a good idea for everyone

Florida Arbitration Marital Settlement Agreement and Shareholder Agreement: One Has Arbitration Clause, the Othe

Loree: Arbitration Nuts & Bolts: Vacating Arbitration Awards — It’s All in the Agreement

Mediation Stuff – John Lassey’s ADR Web Log: When Not to Mediate

Settlement Perspectives: Early Case Assessments: More on the ECA Toolkit from PD Villareal

Patently-O: Federal Circuit Affirms Summary Judgment of Obviousness for Bulk EMail Patent

Disputing: Texas Supreme Court Compels Nonsignatories to Arbitrate Wrongful Death Claims

Mediation Strategies: ADR AND THE NEW ALTERNATIVE (“vanishing trial”; soon “vanishing arbitration” high costs anxiety)

CATASTROPHIC INSURANCE COVERAGE BLOG: If You Thought E-Discovery Was Bad, Hang on For Cloud Computing

Florida Arbitration Law: Deferring Public Policy Challenges to the Arbitrator: Is the Second District Right in Conflict?

CATASTROPHIC INSURANCE COVERAGE BLOG: California Supreme Court Speaks Yet Again on Punitive Damage Limitations

BPS Research Digest: People think that money affects happiness more than it really does

Mediation Stuff – John Lassey’s ADR Web Log: Multi-Party Mediation

ABA Journal: ACTL Report: Electronic Discovery Should Be Proportionate to Controversy

Disputing: Tenth Circuit Imposes Sanctions for ‘Frivolous’ Attempt to Vacate Arbitration Award on Manifest Disregard

idealawg: Does how you move show how you think and communicate? (communication is more than just a linguistic dynamic)

Settle it Now: Music to a Mediator’s Ears: Construction Mediation Works!

ADR Prof Blog: Negotiation Journal Seeks Submissions

Brains on Purpose: Using the arts in conflict resolution: Some more pieces of the puzzle? (book info arts and brain)

Mediation Matters: Tiger Woods’ Mediation of His Prenuptial Agreement Post Affair

Dallas Divorce Blog: Geographical Restriction on Sole Managing Conservator’s Right to Designate Primary Residence Uphel

BPS Research Digest: You told me that already! Why we’re so poor at remembering to whom we told what

Disputing: Fifth Circuit Affirms Confirmation of NASD Arbitration Award

Settlement Perspectives: Delivering Bad News in Negotiation: How Big Is Your Conference Room?

idealawg: The Science Network: Many videos for you to watch on neuroscience, cognition, and learning

Kluwer Construction Blog: Chinese Drywall Update – Chinese Manufacturer Waives Hague Convention

Negotiation Tip of the Week: Exercising your BATNA and preserving the Relationship

Sharp Brains: The Brain Advantage: Train your Autopilot . . . and How to Turn It Off

Patently-O: Patent on Tax Refund System Deemed Invalid under Section 101

SCOTUS Blog: Is “silence” a fiction? Stolt-Nielsen v. AnimalFeeds, Argument Recap (Loree series:

Wills, Trusts & Estates Prof Blog: Google Scholar Provides Free, Searchable Database of Judicial Decisions

RT @valentilaw: #FF these great mediators who always share their expertise @DonPhilbin @dianelevin @txconflictcoach (thanks)

FL Arbitration Law: Arbitration Fairness Act (HR 1020 / S 931) May Get a Boost from Jones v. Halliburton and HR 3326

#FF to @dianelevin @IntlDispNegPod @PhilLoreeJr @DonPhilbin @abegler @ValentiLaw @ECGreaves @mgoose12 @txconflictcoach Overview of the Securities Arbitration Process

Loree: SCOTUS Update: Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers & Trainmen (08-604)

ABA Journal: Lawyers Second Most Likely Professional to Be in a Car Crash

Psychology Today: The Myths of Intrinsic-Extrinsic Motivation: Incentives do not undermine intrinsic motivation

Disputing: U.S. Supreme Court Decides Railway Labor Act Arbitration Case

ADR Prof Blog: Larry Susskind: Audio Recording Available (public participation and deliberative democracy)

The Frontal Cortex: The Tiger Woods Effect (against someone better, we get nervous, then worry, then make mistakes)

The Frontal Cortex: Lying and Creativity (Picasso: “Every child is an artist. The problem is how to remain an artist on”

Loree: A Potpourri of Reinsurance Issues: Gulf Ins. Co. v Transatlantic Reins. Co. (1st Dep’t Oct. 1, 2009) (Part II)

The Frontal Cortex: The Reading Brain (your mind is performing an astonishing feat)

Workplace Prof Blog: Drummonds on Reforming Labor Law by Reforming Labor Law Preemption Doctrine

Patently-O: Vacatur: Judge Posner Agrees to Vacate Inequitable Conduct Holding Based on Settlement Agreement

Disputing: What Standards of Review Apply to Arbitration Awards Under FAA 10(a)(4) in Fifth Circuit after Citigroup?

Wills, Trusts & Estates Prof Blog: Reverse Mortgages — A disaster waiting to happen?

ADR Prof Blog: Distinguishing Hi-Lo Agreements from Mary Carter Agreements

Kluwer Arbitration Blog: When is the ‘Venue’ of an Arbitration its ‘Seat’?

The Frontal Cortex: Reverse-Engineering (supercomputers that imitate the machinery inside the skull)

Galima Group at Berkeley: How to prepare for an important negotiation

Goldstein: The Fifth Circuit’s Reverse Preemption Decision: An “Upset Victory” for International Arbitration

Dallas Divorce Law Blog: Co-parenting Goes Online (coordinate parenting schedules, health records, immunization histories

Neuroethics & Law Blog: New Brain-Related SSRN Abstracting Journals (law organizes and constrains human behavior)

RT @alan_sharland: Challenges and benefits of maintaining impartiality when supporting #conflict resolution: #adr

EBay, Craigslist to Face Off in Court

Business Conflict Blog: That Lincoln Quote “As a peace-maker the lawyer has a superior opportunity of being a good man.

idealawg: Blog Glob – Inside the mind of an actor (literally): How does an actor engage with the part they are playing?

BPS Research Digest: Want to predict a footie result? Don’t even think about it (unconscious thought helpful)

Dallas Divorce Law Blog: More Fathers Are Getting Custody In Divorce (NYT: More Fathers Are Getting Custody In Divorce)

The Greater Good Blog: Is Marriage Good for Your Health? (married may protect health, divorced may damage health)

Wired GC: Google Targets Legal Search – Part 2 (free doesn’t mean “lacks value” integrate other Google offerings?)

Harvard Business Publishing: How Will “Augmented Reality” Affect Your Business?

PsyBlog: The Chameleon Effect: Does mimicking other people’s body language really make them like us?

The Frontal Cortex: Fourth Down (illustrates difficulty making rational decisions, even when evidence supports the call)

ABA Journal: Persuasion secrets: Tips on crafting effective arguments

RT @IntlDispNegPod: RT @dianelevin: A #FF to terrific ADR folks @ValentiLaw @PhilLoreeJr @DonPhilbin @abegler @IntlDispNegPod @mgoose12 @EC

RT @valentilaw: #FF gr8 ADR folks @PhilLoreeJr @DonPhilbin @abegler @dianelevin @IntlDispNegPod @MediatorsBB @mgoose12 @ECGreaves @ACRWork

RT @IntlDispNegPod: CPR Inst. letter to DC on Arb Fairness Act:

The Frontal Cortex: Expertise (the unreliability of wine critics, citing Hodgson’s fascinating statistical work)

ADR Prof Blog: Arbitration Betting (Mnookin: SCOTUS will allow interlocutory appeals from class action certification)

AmLaw: Downside of Litigation Financing: FL CT Rules Investor Backing Unsuccessful Lawsuit Liable for Attorneys’ Fees

Reverse & Render: Supreme Court Limits Entitlement to Attorney’s Fees (narrowed right to fees on uncontroverted evidence)

Mediation Channel: For mediators, negotiators: recommended social and brain sciences blogs

Situationalist: “The Psychological Power of the Status Quo” (people view their beliefs as the product of deliberation)

NPR All Tech Considered: NSA Gives Microsoft Help On Windows 7 Security (enhance Microsoft’s operating system)

Mediation Matters: The Dangers of Being a Mediator

Neuromarketing: The Outsider Effect (better decisions from teams that include a socially distinct newcomer – mediator?)

Mediation Stuff – John Lassey’s ADR Blog: Underestimating Your Opponents (last minute negotiations risk overestimation)

RT @missdestructo: “There can be no understanding between the hand and the brain unless the heart acts as mediator.”

Patently-O: Nil: The Value of Patents in a Major Crisis Such as an Influenza Pandemic

Psychology Today: How To Remember Things (mind’s capacity to store and recall information is truly wondrous)

Mediation Channel: The why’s have it: teaching curiosity for effective negotiation and mediation

The IP ADR Blog: Insurance Coverage for Trademark Infringement Actions

Psychology Today: Deep Rationality: Evolutionary psychology meets behavioral economics.

Business Conflict Blog: Arbitrating Employment Disputes: Misusing a Valuable Tool? Part II

TortsProf Blog: Guest Blogger John C.P. Goldberg: What’s Wrong with Torts?, Part II

Loree: A Potpourri of Reinsurance Issues Courtesy of Gulf Ins. Co. v Transatlantic Reins. Co. (Part I)

PsyBlog: The Psychological Immune System (get over bad moods much sooner thanks to psychological immune system)

American Progress: (tip to Pynchon) It’s Time We Talked: Mandatory mediation in the foreclosure process

Wills, Trusts & Estates Prof Blog: Article Discusses 2009 Estate Planning Legislation in Texas

Disputing: Am Rev of International Arbitration: Evidence and Discovery in Arbitration: The Problem of ‘Third Parties’

Psychology Today: What the lips say about how we feel and think: What our lips reveal about us – even when lying!

Wills, Trusts & Estates Prof Blog: Tips and Lessons Learned From Mediating Estate Disputes

ABA Journal: Secret ACC Ratings Appear on Blog; Group Says Release Is ‘Premature’ via @AddToAny

IP ADR Blog: Tradename Settlement Spawns Legal Malpractice Action and Questionable Mediation Confidentiality Decision

The Mouse Trap: The five domains of human social experience: the SCARF model

Disputing: State Bar of Texas Advanced Mediation Workshop

Dallas Divorce Law Blog: Court grants mandamus: trial court imposed greater burden for relocation than law allows

The Divorce Collaborative: Part 2 – How Much Will My Divorce Mediation Cost? by Steve McDonough

Mind Hacks: Dog eat dog (Malcolm Gladwell recently published a collection of his essays in his new book What the Dog Saw)

Mass Tort Litigation Blog: Embedded Aggregation in Civil Litigation

Marc Goldstein: New York Convention Is Not “Reverse Pre-Empted” By State Insurance Regulation Designating Judicial Forum

Mind Hacks: EEG leads to murder conviction

Mediation Matters: Personality Matters — What’s Yours?

BPS Research Digest: Patients with empathic, attentive doctors recover more quickly from the common cold

Mass Tort Litigation Blog: Gilles on Consumer Class Actions

Psychology Today: Born to Perform: The ability to keep cool depends on how your brain is wired

idealawg: Harvard’s very popular course on justice now available to you online

RT @ewusiak: Arbitration Fairness Act of 2009 (H.R. 1020 / S 931) May Get a Boost from Jones v. Halliburton

Wealth Mediation Blog: What’s Missing from the Balance Sheet: Intangible Assets and Liabilities in Business Families

The Frontal Cortex: Luxury Goods (artificial scarcity used to alter balance between rarity (high) and abundance (low))

TaxProf Blog: How to Fix Charitable Giving

Managerial Econ: Why are New Car Prices so Low on Black Friday?

Mediation Stuff – John Lassey’s ADR Web Log: A Mediator’s Prayer

The Frontal Cortex: Smell and Memory FBI Says Hackers Targeting Law Firms (e-mail scheme aimed at sensitive data on overseas operations)

Wills, Trusts & Estates Prof Blog: Jurisdiction and Venue for Will and Trust Disputes in Texas (court statute interplay

UChicago: Judge Richard Posner’s 2009 Grad Rmks on future law practice (billable hour) to its newest (skip to time 20:45)

Mass Tort Litigation Blog: Issacharoff & Klonoff on the Mass Tort Settlements

Psychology Today: Fair Play: Fairness can be more rewarding than money (fairness is a primary reward or threat)

RT @scupchurch: are vanishing jury trials a slippery slope? what role does mediation play and is it a good one?

Dallas Divorce Law Blog: Parent Coordinator v. Parent Facilitator — What’s the diff?

idealawg: Blog Glob: “UPS’s Legal Department Brainstorms a Package Deal to Save a Parcel of $$$”

ABA Journal: Levi’s Is Paying Orrick a Flat Fee to Handle All But Its IP Work

ABA Journal: 64% of Law Departments Have or Will Implement Rate Freezes, Survey Says

ADR Prof Blog: ABA Discussion of Impact of Pyett on Union-Management Relations

Patently-O: Business Method Patents: Technological Change, Not Judicial Activism

Mediation Channel: Ethics and best practices for mediation provider organizations: 7 years after Georgetown

Mediation Stuff – John Lassey’s ADR Web Log: Maginot Lines in the Sand

BrainBlog: Sleep, Dreams, and Cognitive Function: A Dream Interpretation: Tuneups for the Brain

The Frontal Cortex: Temptation (human brain is the ultimate category buster, blurring the lines of good and bad)

Mediation Matters: First Impressions Count — So Make a Good One

Wills, Trusts & Estates Prof Blog: Conflict of Interest Challenges in Governing Nonprofits Organizations

Disputing: Deadline Set for Application for Medical Liability Reform Grants

Disputing: Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case

Texas Lawyer Blog: TXSCOT dismisses as improvidently granted petitions for review in bonfire case

The Complex Litigator: Plaintiff class wins trial against Avacor hair regrowth formula alter ego defendants

Patently-O: Federal Circuit Affirms EDTex Ruling that Iovate’s Muscle Building Patents are Invalid

Disputing: H.R. 3962: U.S. House Health Care Bill Addresses ‘Balance Billing’

idealawg: Blog Glob: “Hawaii civil jury trials becoming a vanishing breed”

Business Conflict Blog: Arbitrating Employment Disputes: Misusing a Valuable Tool? Part I

ABA Journal: Law Firm Price Wars Break Out as Some Try ‘Loss Leader’ Bids for Work

Northwestern Law: Interim Report on Creditor Claims in Arbitration and in Court (creditor win rates are higher in court)

Mediation Matters: Mediating Employment Disputes

IP Asset Maximizer Blog: Seeking to Sell Your Patent to a Big Company? Think About These Negotation Tips

ADR Prof Blog: Investor Protection Act and Securities Arbitration

Disputing: Texas Supreme Court: Insurance Coverage Dispute Involving a $1.5 Million Arbitration Award

Vogel: Antitrust Update – Challenges for Intel, Oracle, and Microsoft

Disputing: Florida Arbitration Law: Wife Verbally OK’s Husband to Sign Papers Is Agency to Sign Arbitration Clause

Kluwer: The Renewed Debate on the Limits of Discovery Under Section 1782

Mass Tort Litigation Blog: The Trouble with All-or-Nothing Settlements

Goldstein: Incorporation by Reference of an Arbitration Agreement: Governing U.S. Legal Standards

Patently-O: Stays Pending Reexamination (relatively few stays granted in East Texas pending ex parte reexamination)

BPS Research Digest: Performing horizontal eye movement exercises can boost your creativity

Loree: Global Arbitration Review Publishes Article on Hansen v. Everlast and Quotes Philip J. Loree Jr.

Mediation Matters: Conflict Resolution Strategies For Everyday Use

Patently-O: Supreme Court Clustering of Patent Cases

Disputing: Page Perry: Arbitration or Class Action – Which is Better for Investors?

BrainBlog: Extremes of Memory

TortsProf Blog: Top 10 Recent SSRN Torts & Products Liability Downloads

Vogel: Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea Publishes 300th Issue of Weekly (over 15 years, more than 1,000 authors have contributed)

The IP ADR Blog: The Benefits of Interest-Based Negotiation in IP Disputes

Mediation Channel: Justice for all: battling bias in the courts

Mediation Stuff – John Lassey’s ADR Web Log: Signals

Managerial Econ: Moral Hazard and Yuppie 911

Wills, Trusts & Estates Prof Blog: Quieting Your Heirs With a No-Contest Clause

Smooth Transitions: Is your covenant not to compete for personal services?

LegalMetric: Number of securities cases rises 34% in SDNY in first nine months

Empirical Legal Studies: New NSF-funded Supreme Court Database Website is now up and running

Kluwer Arb Blog: Judge Nikken on the friction between a state’s obligation to disclose and foreign investor protections

The Greater Good Blog: Can Emotional Intelligence Be Taught?

Cognitive Daily: Are older kids and adolescents really as good as adults at recognizing emotions in faces?

The Mouse Trap: Bozo Sapiens: a book review

Empirical Legal Studies: Electing Judges

Settle It Now: Prejean, Larry King and Hard Facts Making Bad Mediation Confidentiality Law

Enjoy Mediation: Guest Blogger: Jessica Carter, Mediator Extraordinaire (Gladwell’s Outliers:10,000 hours of practice)

Brains On Purpose™: Scent of fairness in the air? Mediation hot or cold? The importance of subtle environmental cues

Mashable: LinkedIn and Twitter’s Major Syncage (200 users linked their Twitter and LinkedIn accounts every minute)

Empirical Legal Studies: New Data on BigLaw Contraction: Patterns of Winners & Losers (detailed on a map)

ADR Prof Blog: Update: Investor Protection Act and Securities Arbitration You Know You’re Taking It Personally When….


CNN Larry King: Former Miss California USA Terminates Interview to Protect Mediation Confidentiality

Mediation Matters: Interview With Steve About Negotiations

Disputing: Arbitration Fairness Act of 2009 – H.R. 1020 Gaining Momentum? (Bayer ponders effect of Franken amendment)

Psyblog: The Truth About Self-Deception (Not only will people lie to themselves, they will look for confirming evidence)

Dispute Resolution Mag: Recent Developments in International Commercial Arbitration (by @IntlDispNegPod Russ Bleemer)

The IP ADR Blog: Are We Having a Conversation or a Meeting with the Choir: Cass Sunstein and Cyperpolarization

Mass Tort Litigation Blog: Vioxx Verdicts

Kerr: The Integrative Market Hypothesis for Stock Market Fluctuations (stock fluctuations and quantum physics)

The Mouse Trap: Splitting the self: “me” and “I”

Disputing: Texas Supreme Court Compels Arbitration of Employment Discrimination Claims

Disputing: GUEST POST: Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea

Wills, Trusts & Estates Prof Blog: Is the Prudent Investor Really Prudent?

Disputing: IRS Expands Appeals Mediation Procedure

ABA: Knockout strategies for trial litigators

ABA Journal: Bloomberg Is Launching a New Legal Search Engine

RT @WSJLawBlog: Reed Smith Slashes Associate Salaries, Billing Rates

RT @IntlDispNegPod: Carrie Prejean….on mediation? Check out her response to M. Viera at 3’23:

Your Brain at Work: A Hunger for Certainty (Think of the brain as a prediction machine.)

Disputing: The Future of Software Patents: U.S. Supreme Court Hears Arguments on Bilski v. Kappos

Vogel: Guest Post: E-Discovery and The Enron E-Mail Dataset Research

Disputing: Effects of Tort Reform on U.S. Health Care Spending

The Frontal Cortex: The Personality Paradox

CATASTROPHIC INSURANCE COVERAGE BLOG: Some Relief for Homeowners with Chinese Drywall

Mediation Matters: Presenting Conflicting Information…Or Maybe Not (reactive devaluation)

Computational Legal Studies: United States Court of Appeals & Parallel Tag Clouds from IBM Research

Patently-O: Abandoning software patents?

NPR All Tech Considered: Mental Break: Text-Messaging Symphony

Texas Collaborative Law Blog: How to Prepare for a Collaborative Law Case

Workplace Prof Blog: Estreicher on the Future of American Trade Unionism

Dallas Divorce Law Blog: So you want sole custody?? Conclusion

Kluwer: The Relationship Between Enforcing Judgments and Denial of Justice Claims?

RT @vpynchon: brilliant to use game show contestant as party in mediation @donphilbin (thanks vpynchon)

RT @vpynchon: @donphilbin’s presentation both smart and enjoyable; you’d really enjoy having him help you settle a commercial case!

The Jury Expert: Of anthropomorphism, armed citizens, and hate crimes

idealawg: Blog Glob: When Listening to Music, Your Brain Is ‘Moving’ Even If You Are Not

The Becker-Posner Blog: The Economics of Organizations–Posner (generate cooperation without use of the price system)

IP Asset Maximizer Blog: The Coming Explosion of the Patent Monetization Market

NPR All Tech Considered: AT&T WiFi Report Points To Growth Of Mobile Web

PGP Mediation: PHYSICAL PRESENCE (speaking at 2009 SCMA Conference tomorrow)

The Divorce Collaborative: Social Security and Divorce

Mind Hacks: Spike at the end of the tunnel (brain undergoes a surge of activity at the moment of death)

ABA Journal: Broadening Search: New tools, approaches raise the question: Is Google enough? Making Settlements Last

ADR Prof Blog: ADR Meets Bankruptcy – Final Thoughts

Business Conflict Blog: International Projects and Initiatives: Part II

The Situationist: Law Students Flock to Situationism (people probing for answers to the mysteries of human behavior)

Settle It Now Negotiation Blog: Impatience Key to Effective Mediation (great cartoon)

The Strategic Mediator: There is no substitute for being (and having them) there

The Frontal Cortex: Learning from Mistakes

Loree: NY Court of Appeals Says it’s all in the Submission: Re Joan Hansen & Co v. Everlast World’s Boxing Headquarters

Patently-O: Supreme Court Indicates Interest in International Exhaustion Case

Business Conflict Blog: Should Mediators Be Expert in the Field of the Dispute?

BPS Research Digest: A warm room makes people feel socially closer

Harvard Negotiation Law Review: Addressing Power Differentials in Negotiation: Don’t Let ‘em Push You Around

Disputing: Next Steps in Medical Liability Reform Demonstration Projects Announced by the AHRQ

Dallas Divorce Law Blog: What not to tell your kids during a divorce and how not tell them

Idealawg: Law schools very interested in brains (law review cites to prominent mind sciences research has skyrocketed)

Mediation Matters: 3rd Circuit Allows Court to Consider Informal Settlement Offers in Setting Fees

Mediation Stuff – John Lassey’s ADR Web Log: Preparing for Mediation

Disputing: Fulbright 2009 Litigation Trends Survey Report: Expect Increase in Commercial International Arbitration


Patently-O: Declaratory Judgment Standing: Must All Patent Owners be Joined?

RT @IntlDispNegPod: Must read by @DonPhilbin: Decisional Errors–On the Field, On the Bench, In Negotiations


The Geography of Jobs (these pictorial graphing devices are so powerful — even when we do not like the data depicted)

Mashable: Tech Addictions: Email and Texting Top Social Media in Gen Y [Study]

SCOTUS Blog: A new look at the “Erie doctrine”: Shady Grove Orthopedic v. Allstate Insurance, Argument Preview

Vogel: Outsourcing Update: Xerox Buys Outsourcer ACS

Mashable: UCLA STUDY: Search the Internet, Activate Your Brain

Mind Hacks: Science of slumber

The Frontal Cortex: Robert Parker (favorite wine turned out to be the lowest rated in his 2007 tasting)

Cross Collaborate: Implementing Agreements: The Ordeal of Change

Resolving Conflict in Teams: Conflict Can Be Good

RT @PhilLoreeJr: Whether autism has touched your family or your life, check this out — it is truly amazing:

Sharp Brains: Grand Rounds: Brain and Cognition Edition

ABA Journal: Wal-Mart to Require Outside Law Firms to Have Flextime Policies

idealawg: Blog Glob: Run for Your Life: New Studies Show Benefits of Exercise on the Brain and Body

ABA Journal: GAO Puts Blame on US News Rankings for High Law School Tuition

idealawg: Stress reduction may not be of interest to lawyers

idealawg: Blog Glob: Are You Ready to Manage Five Generations of Workers?

Neuroethics & Law Blog: The Experiential Future of the Law

Patently-O: Misuse of Patent Pool: En Banc Fed Cir To Decide Whether CD-R/RW Patentees Improperly Sequestered Alt Tech

RT @IntlDispNegPod:Good post discussing how brain science improves negotiation, by @DonPhilbin, on @PhilLoreeJr ‘s blog

BPS Research Digest: The speed of free will

The Situationalist: “Stare Decisis is Cognitive Error”

Wills, Trusts & Estates Prof Blog: Court Decision Concerning QDRO Questioned

ADR Law Blog: 7 Common Pitfalls to Avoid When Negotiating

Psychology Today: The Scientific Fundamentalist: A Look at the Hard Truths About Human Nature

Loree: Don Philbin Guest Post: Brain Science Improves Negotiation

Mass Tort Litigation Blog: Which of these things is most like the others? The Reference Class Problem

SCOTUS Blog: Perdue v. Kenny A.: Is the “Lodestar” Approach Adequate for Calculating Attorney’s Fees? (Argument Recap)

CATASTROPHIC INSURANCE COVERAGE BLOG: Can Your Mediator Be Your Enemy? (declaration filed by the mediator)

The IP ADR Blog: Arbitration’s “Down” Side: Two Years of Proceedings; $20 Million in Punitives; and, No Appeal

The Frontal Cortex: Football (calculated likelihood of going for it on fourth down under various circumstances)

Dallas Divorce Law Blog: But He Used To Make More — Is He Intentionally Underemployed for Child Support Calculation?

Dispute Settlement Counsel: Beyond evaluative and facilitative… is Transformative Mediation

Cognitive Daily: In which I resist writing the obvious headline

Mediation Channel: Fallacious Argument of the Month: the confusion of cause and effect

BPS Research Digest: The latest verdict on using brain imaging for lie detection

Catastrophic Insurance Coverage Blog: Breaking News: Katrina Losses Covered If Caused By Wind Damage

ABA Litigation News: Approaches to E-Discovery Rules Vary from State to State

Disputing: Pending U.S. Legislation on Arbitration and Mediation: Update

Mediation Matters: Can You ever Commit Malpractice In Mediation?

Computational Legal Studies: Remix of [From]

The Frontal Cortex: Reading, E-Books and the Brain

HBR: Outsourcing Is High Tech’s Subprime-Mortgage Fiasco

idealawg: An excellent essay: “The Power of Mindfulness”

ADR Prof Blog: Jon and Kate plus arbitration?

Wills, Trusts & Estates Prof Blog: Dividing the Property of Spouses Who Lived in Common Law and Community Property States

TortsProf Blog: Personal Injury Roundup No. 54 (10/16/09)

Kluwer: Recognition and enforcement of annulled arbitral awards – the Yukos Capital decision


ADR Prof Blog: ADR Meets Bankruptcy, Part 3 – Enforcing Arbitration Agreements The Art and Science of Summarization in Mediation

ABA Litigation News: RICO Class Action Controversy Continues

Mediation Matters: Time To Make Peace: Factors in When Peace Makes Sense

Loree: Burlage Controversy: Ct Usurp Arbitral Power or Arbitrator Prejudice Defendant by Excluding Material Evidence?

Mediation Stuff: Jury Prognostication

Wills, Trusts & Estates Prof Blog: Federal Taxation of Intellectual Property Transfers

Bleacher Report: Good Call, Bad Call: What Happens When Baseball Umpires Are Wrong? (another case of decision errors)

Loree: United States Supreme Court Update: Union Pacific and Granite Rock Labor Arbitration Cases

Disputing: Arbitration of Securities Disputes at FINRA

BPS Research Digest: Mike Posner: Learning difficulties (New skills often reshape old networks)

Mediation Strategies: EVALUATIVE OR EFFECTIVE? (sophisticated mediation users want analytical assistance)

ADR Prof Blog: ADR Meets Bankruptcy, Pt. 2 – Designing Dispute Systems

PGP Mediation: “SENTIMENT ANALYSIS” (computer program to help us accurately understand each other)

ADR Prof Blog: Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption

ADR Prof Blog: ADR Meets Bankruptcy, Pt. 1

Disputing: Fifth Circuit Confirms Credit Card Dispute Award by the National Arbitration Forum

ABA Litigation News: Third Circuit Finds Rejected Settlement Offers a Factor in Fee Awards

ADR Prof Blog: Proposed Legislation Designed to Avoid Arbitration of Tort Claims

TaxProf Blog: Tax Arbitrage Feedback Theory (effects of differential tax rates contribute to boom/bust econ activity)

Disputing: NASAA’s Statement on FINRA’s Arbitration Pilot Program Expansion

ABA Litigation News: Second Circuit Rules Hacking May Violate Rule 10b-5

idealawg: Microsoft asks outside counsel to look at methods other than billable hour

Mediation Matters: Apology Influences Jury Verdicts, New Study Finds

WSJ: Turmoil in Arbitration Empire Upends Credit-Card Disputes

ABA Journal: More than Half of the Largest Companies Expect More Litigation Next Year

ABA Journal: Why Law Firm Interviewers Are Asking ‘Tell Me About a Time’ Questions

BPS Research Digest: Alison Gopnik: Parenthood (yet I still find my relation to my children deeply puzzling)

Business Conflict Blog: An International Look at Dispute Clause Drafting

BPS Research Digest: Robert Plomin: Nature, Nurture (why children growing up in the same family are so different)

Calculated Risk: Sorkin Book Excerpt: “Too Big to Fail”

ADR Prof Blog: FINRA Expands Its Public Arbitrator Pilot Program

Computational Legal Studies: Personas from MIT Media Lab

F&J: Fulbright’s 6th Annual Litigation Trends Survey Report


BPS Research Digest: David Buss: Overcoming irrationality (still don’t understand why I succumb to psychological biases)

The Frontal Cortex: Listening to Your Pulse (being able to count your own heartbeats correlates w/ better decision-making

Real Divorce Mediation: Divorce and the House (couples opting to keep joint ownership, hoping the market will turn)

Workplace Prof Blog: Retaliation Claims

Texas Supreme Court Blog: SCOTUS petition challenging Texas’s parental-termination system

Neuromarketing: Book Review: How We Decide by Jonah Lehrer

Disputing: The Uniform Mediation Act and Confidentiality

BPS Research Digest: Robert Cialdini: Taking on too much (gauge point at which the next opportunity should be rejected)

CATASTROPHIC INSURANCE COVERAGE BLOG: Insurers Too Often Want to Weasel Out of the D&O insurance They Sold

Galima Group: Definition of a successful negotiator

Resolving Conflict in Teams: Acknowledge Emotions Before Solving Problems

Mediation Matters: Juries Get It Wrong Many Times Says New Study



Mediation Matters: Buyers Remorse in Settlement and Mediations: Seven Ways to Avoid It

idealawg: Self-control is not unlimited but Robin Williams can help when you need more

WSJ: In NBC Deal, Learn From Game Theory

Business Conflict Blog: World Mediation Forum Meets in Florence

Loree: Update on Federal Arbitration Act Cases Pending in the United States Supreme Court

Mediation Matters: Sorry Shouldn’t Be The Hardest Thing to Say: It is Financially Better to Do So

idealawg: 5 reasons why your brain may like procrastination

Disputing: Texas Supreme Court Hears ‘Manifest Disregard of the Law’ Case: Standards of Review After Hall Street

BPS Research Digest: One nagging thing you still don’t understand about yourself

Psychology Today: Anger and Catharsis: Myth, Metaphor or Reality? (sometimes the best thing to do is nothing at all)

Disputing: Grants for Medical Liability Reform Demonstration Projects Prof Blog: Franken Changes to Job Arbitration Bill Pass Senate

ADR Prof Blog: Brown v. Board of Education as a Disputing Process Lesson

Adjunct Law Prof Blog: Complaint Thrown Out For Poor Stapling

idealawg: Blog Glob: Patients Do Better With Psychotherapist Who Practice Zen Meditation, Study Suggests

BPS Research Digest: Resting-state brain networks are stable

The Frontal Cortex: Fasting (my brain needs glucose like my laptop needs alternating current)

TortsProf Blog: Guest Blogger Vandall: Justice Rewritten (economics should be taught as a required law school course)

RT @WSJLawBlog: NBC Hit With Font Infringement Suit (Of All Things)

Dallas Divorce Law Blog: So you want sole custody?? Part Two

Mediation Channel: From the archives: Mediation Channel classics for October

Kluwer Arbitration Blog: A cautionary tale of settlement negotiations: Azpetrol v. Azerbaijan

Psychology Today: Want to Ward Off Alzheimer’s? Get Your ZZZZZZZZs. (sleep time could slow the progression of AD)


The Strategic Mediator: Early Mediation Is Particularly Well Suited For Self-Insured Companies and Claimants

Mediation Matters: Negotiating For Hot Dogs and Other Life’s Lessons

ADR Prof Blog: Finally, a TV show about a mediator…

idealawg: The Top 20 [legal] Tweeters to Follow on Twitter

Disputing: Arbitrating Patent Disputes

Mediation Matters: Stress Affects Logical Decision Making: Study Finds

The Frontal Cortex: Nature and Compassion (“Adopt the pace of nature: her secret is patience.”)

Wealth Mediation Blog: Lawyers’ Feelings Transference and Countertransferrence – Part II

ADR Prof Blog: Resolving the circuit split over manifest disregard

SSRN Working Paper: Reconstructing Pleading: Twombly, Iqbal, and the Limited Role of the Plausibility Inquiry

Loree: SCOTUS Denies Certiorari in All Three FAA Manifest Disregard Cases Considered at Last Week’s Conference

Vogel: Google Update!- Estimated Value – $32B, But Also Taking Over News and Display Ad Leadership!

Psychology Today: Embodied Education (our body sense awareness helps us regulate what we need)

IP ADR Blog: Negotiating Resolution with Hi-Lo Agreements

Patently-O: Claim Construction: A Structured Framework

Disputing: Arbitrating Patent Disputes

Brains on Purpose: iPods in mediation? More on the power of music

PSY Blog: Why You Can’t Help Believing Everything You Read

Brains on Purpose: Some brain-friendly ADR resources

Dallas Divorce Law Blog: So you want sole custody?? Part One

HNLR: Creating a Faith-Based Conflict Management System

Psychology Today: Cultivating Peace of Mind

Wealth Mediation Blog: Stress: Some Bad News and Some Good News

NPR: Google’s Sidewiki Adds One More Back-Channel To The Web

Mediation Channel: Mediator certification: quality assurance or caveat emptor?

Wealth Mediation Blog: Your “Number” Part Two

Torts Prof Blog: Hersch & Viscusi on “Saving Lives through Punitive Damages”

Psychology Today: What Emotional Intelligence Is and Is Not

Mind Hacks: Seeing the mind amidst the numbers ($1M Netflix challenge to predict films based on past preferences)

BPS Research Digest: Eye-catching studies that didn’t make the final cut

ABA Journal: Citigroup GC Has No Sympathy for Law Firms Seeking Premium Fees

Loree: Update on Federal Arbitration Act Cases Pending in the United States Supreme Court

The Frontal Cortex: Monetizing Networks

Disputing: Texas Bar Journal Article: “Mediation Myths and Lies”

RT @IntlDispNegPod: New Alternatives: Why the Supreme Court Does What it Does in Arbitration Cases

Kluwer: Chevron goes all-in against Ecuador; New claim reflects latest BIT usage

The Mouse Trap: Living on the edge of chaos; implications for autism and psychosis

Wealth Mediation Blog: Early Mediation Is Particularly Well Suited For Self-Insured Companies and Claimants

Schau’s Mediation Insights: Lessons from the International Academy of Mediators

Dallas Divorce Law Blog: Standards to modify custody.

Smooth Transitions: The Texas Supreme Court on Electronic Discovery

RT @USGovNews: [FTC] Live Webcast: FTC Roundtable on Protecting Consumers in Debt Collection Arbitration and Litig: ..

Disputing: Michigan Journal of International Law Article on Class Action Arbitration

HNLR: Settlement And Justice For All

ADR Prof Blog: ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination?

Business Conflict Blog: MBS and ADR Mortgage-Backed Security (MBS) – sold to investors around the world)

Vogel: e-Discovery Complicates Public Records Requests

Loree: Jackson v. Rent-a-Center: Who Decides Unconscionablity – Parties Clearly Say Arbitrators Decide Arbitrability?

ADR Prof Blog: Contractual Agreements to Mediate (CA court upholds dismissal for failure to pursue mediation)

Mediation Matters: People’s Biases Towards Other’s Pain Revealed in New Study

Southern California Mediation Association presents M3: The Next Generation of Mediation at Pepperdine’s Straus Institute

ABA Journal: Worst of Recession is Over for Law Firms, Says PricewaterhouseCoopers Survey

Business Conflict Blog: Mediator as Witness: Just When You Thought It Was Safe….

Mediation Channel: Grain of salt: how much does mediator behavior influence the outcome of mediation?

Psychology Today: Brain Drugs (controversy over “cognitive-enhancement” drugs is heating up)

Wealth Mediation Blog: Managing Oneself

BPS Research Digest: Neuropsychology shines torch through corridors of the mind (way brain represents knowledge / facts)

Check out this SlideShare Presentation on LinkedIn : Casseb.Mediation.2.25.09

Brains on Purpose: Not guilty! I’m only a neuro-person and my brain made me do it

HNLR: Organizational Systems for Dealing with Conflict & Learning from Conflict

Psychology Today: What do you mean you don’t remember? (the importance of an event affects memory)

Psychology Today: Lose weight while you sleep (for real)! (new study shows weight loss increased threefold during sleep Behind the Scenes of Chrysler’s Bankruptcy

Dispute Settlement Counsel: Collaborative Mediation: The Gold Standard Hybrid

Dallas Divorce Law Blog: My Divorce Is None of Your Business

Enjoy Mediation: Foreclosure Mediation Round-up

Workplace Prof Blog: Feuer on Drainville QDRO Case

Cross Collaborate: John Forester: Dealing with Differences

Neuromarketing: Scarcity In Action

Empirical Legal Studies: Another Take on Judicial Decisionmaking

Vogel: Facebook Makes More News – Finally Cash Flow Positive and 300 million Users!!!

Disputing: Class and Consolidated Arbitration: What Issues Will SCOTUS Confront in Stolt-Nielsen?

Patently-O: Federal Circuit Debates Stays Pending Reexamination; Injunctions when Claims are of “Suspect Validity”

Psychology Today: The Secret to an Effective Apology: It Must Be Costly!

The Ombuds Blog: Altman Weil Endorses Ombuds Programs for Large Law Firms

BPS Research Digest: Football players who rush penalty kicks are less likely to score

SCOTUS Blog: Tracking new cases: New test of Chrysler deal

Disputing: Mediation Confidentiality (must be assured the discussions cannot not be disclosed so they can talk openly)

Dallas Divorce Law Blog: Custody Battles Affecting Military Parents (TX Legislature’s new law affecting military parents

Wills, Trusts & Estates Prof: Russian Oligarch Dies; Leaves Secret Family, Contested Will, and Unhappy Business Partner

PGP Mediation: MEDIATING WITH UNCLE SAM (Senger also wrote Decision Analysis in Negotiation

Patently-O: Mystery Graph of the Day (in theory multiple judges tend to make marginal cases more predictable)

The Frontal Cortex: Efficiency (when machine is at full speed it’s a fire hazard; Kasparov barely breaks a sweat)

SEC NASAA Pushes to Abolish Mandatory Arbitration

TortsProf Blog: Eisenberg on the Chamber of Commerce’s Liability Survey

PointofLaw: Game theory and med-mal settlements

The Frontal Cortex: Persistent Memories (forgotten memory doesn’t disappear – we just can’t remember where we put it)

Patently-O: Lucent v. Microsoft: Damages

ADR Prof Blog: Works in Progress Conference at Harvard

Cognitive Daily: Memory and mood: Negative emotions nullify a problem with recall

Texas Collaborative Law Blog: Stop Re-living Someone Else’s Past!

Mind Hacks: Brain scanning unborn babies

Psyblog: Sit Up Straight! Be Confident!

HNLR: Systems for Dealing with Conflict and Learning from Conflict—Options for Complaint-Handling: an Illustrative Case

Wills, Trusts & Estates Prof Blog: Please, Sit Down and Plan Your Estate

Wealth Mediation Blog: Your “Number”: Part One

NPR All Tech Considered: New York Times Declares End Of Gigahertz Race

Mind Hacks: Unweaving the tangled web (social network analysis is powerful method to understand human behaviour)

Dallas Divorce Law: Child Success Linked to Stability

TX Sup Ct Blog: A forum-selection clause can be enforced even if it’s on a page never shown to the other side

idealawg: How much of your memory is true? Not as much as you think

ADR Prof Blog: Fifth Circuit Decides Arbitration Clause Scope Issue

Meditation in Movement: Meditation and Neuroscience

ABA Journal: Seyfarth Shaw Says Six Sigma Method Has Cut Client Fees by Up to 50%

ABA Journal Blog: O’Melveny Aims to Become Fixed-Fee Leader, Leaked Plan Says

IP ADR Blog: Challenges to Mediation and Mediated Settlement Agreements in the Courts – Link to ADR Malpractice Series

Disputing: Class Action Suit Filed Against the National Arbitration Forum

ADR Law Blog: Some Considerations to Think About When Picking a Mediator

Wealth Mediation Blog: Reducing Compensation Without Doing More Harm Than Good

Wealth Mediation Blog: Homo Mobilis: How Wireless Communication Connects and Changes Us

ADR Prof Blog: Ninth Circuit Has Interesting Ruling on Unconscionability

Psychology Today: What’s Pushing Your Buttons?

Mass Tort Lit: “A Dynamic Model of Lawsuit Joinder and Settlement” models strategies on both sides of multidistrict lit

Wealth Mediation Blog: LITIGATION: The Family “Doomsday Machine”

Kluwer Arbitration Blog: JUDGES, ARBITRATORS, AND THE SECONDARY FUNCTIONS OF ADJUDICATION Lawyers Address Generational Tensions at Law Firms

Disputing: U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?”

Psychology Today: Recipe for maintaining inspiration: conversations, random people & big ideas

The Complex Litigator: Mediation advice from a mediator’s perspective (Pynchon is good and makes her point well)

idealawg: NY opens first court-based collaborative law center in the US

Loree: Seventh Circuit: Panel Did Not Exceed Powers by Appointing a Replacement Arbitrator in Manner Not Specified

ADR Prof: (from an ADR perspective, Iqbal a potential vehicle for re-examining pleadings within modern litigation)

The Law and Neuroscience Blog: Is Free Will and Illusion?

Rainey: Crowdsourced Online Dispute Resolution

Pollack: TRUTH IS STRANGER THAN FICTION (happy ending to another sad story)

Psychology Today: The Toolbox of Self-Deception, Part I (rationalization, above-average-effect)

ABA Litigation News: Future of Mandatory Arbitration of Consumer Disputes in Doubt

Disputing: Obama’s Health Care Speech: Tort Reform Implications to Arbitration and Mediation

The Mouse Trap: Bozo Sapiens: a book review (in the Blink line)

Mediation Channel: Fallacious Argument of the Month: misusing the ellipsis

ADR Prof: Mediating family religious disputes?

Vogel: Intellipedia Uses Wikipedia Software to Help US Intelligence

Psychology Today: What If I’d Never Met My Husband?

Patently-O: The Rising Importance of Method Claims

Pollack: THE $475,000 GUESS (“risk-taker” or a “risk-avoider”? answer may explain how you approach negotiations)

Pynchon: Burlage: “arbitrators have a great deal of power, but not absolute power”

The Atlantic: Is Google Making Us Stupid?

Mind Hacks: Stunning brain scans of 500-year-old mummies

idealawg: Effects of peer pressure on perception: Brain study looks at social conformity and independence

Patently-O: Appellate Court Stays Injunction Against Microsoft Word

Right Triangle Mediation: Put a Rush on It! (no matter how much rush someone is in – timing is everything)

Am Law: Look Who’s Holding The Reins (Boies: “The way you deal with other people’s money is sometimes different . . .”)

J. Leg Stud: Bargaining Around Bankruptcy: Small Business Workouts and State Law (rarely used by small businesses)

Disputing: Legislating ‘Bad Faith’ in Mediation

HNLR Online: Power and Trust in Negotiation and Decision-Making: A Critical Evaluation

Psychology Today: Back from a vacation? Don’t waste a precious clear mind.

Concurring Opinions: Bernie Madoff and the Unfortunate Consequences of Celebrity Bias

Psychology Today: Educating mind and body III: Get some sleep

Sharp Brains: Why We Need to Retool “Use It Or Lose It”

Psychology Today: Eyes on the Brain

Adjunct Law Prof Blog: Arbitration Fee Splitting Agreements

Mind Hacks Summary Links

Disputing: FEMA Creates New Arbitration Procedure for Claims Related to Hurricanes Katrina and Rita

Psychology Today: The Effect of Sunlight on Consumer Behavior

Cross Collaborate: Bernard Mayer: Staying with Conflict


Mediation Channel: Recommended reading: 21 alternative dispute resolution blogs to follow

The Complex Litigator: Hyperlinks can add enforceable terms to online contracts, according to Illinois District Court

Wills, Trusts & Estates Prof Blog: Joint Account Holders Need a High Level of Trust, or Risk Losing Everything

Mind Hacks: Seeing the results of surgery improves outcome

idealawg: New article: “Managing with the Brain in Mind”


Disputing: Class and Consolidated Arbitration Under the FAA: What Issues Will SCOTUS Face in Stolt-Nielsen? (Part IVA)

Brains on Purpose: Warnings about brain scans, empathy, and oxytocin

The Law and Neuroscience Blog: Scruton on Neuro-envy

Vogel: 10 Year Old e-Discovery Rule in Texas Finally Gets Appellate Review

Empirical Legal Studies: Post-Trial Relief (assumption that verdicts or judgments end civil disputes not accurate)

Brain Waves: Where Are the Neurofinancial Software Applications?

Mediation Matters: Can Crying Actually Make Two People Closer? New Research Says So

Psychology Today: Sleepless in America (just had to time release this one in the middle of the night)

Psychology Today: Your Brain at Work (there are a small set of quirks about the brain that require a lot of attention)


Sharp Brains: Comparing Working Memory Training & Medication Treatment for ADHD

Cognitive Daily: Fake videos lead to real confessions

ABA Journal: E-Discovery Fears May Explain Why Recession Didn’t Spur Litigation

Business Conflict Blog: A Good Video for Cross-Border Mediation

WSJ Law: AIG, Greenberg Agree to Arbitration In Disputes

Disputing: Pending Legislation on U.S. Alternative Dispute Resolution: Update

ADR Prof Blog: Uniform Collaborative Law Act – Adoption and Upcoming Conference

Neuromarketing: The Scarcity Effect

Kluwer Arbitration Blog: Eleventh Circuit Troubled By Choice of Law Not Choice of Arbitration In Thomas v. Carnival

Adjunct Law Prof Blog: Arbitration agreement’s unconscionable provisions severed

Mind Hacks: Weight affects our perceptions of importance

Mind Hacks: Learning reality in the first few months of life

Workplace Prof Blog: Labor/Employment Law & Economics (another law and economics piece)

The Complex Litigator: Don’t already know about RECAP, the Firefox extension for PACER, it’s worth a recap (nice tool)

Tax Prof Blog: Great Law School Class Comic

Mediation Matters: Monkeys Mirroring and Mediation — Imitation Promotes Social Bonding


Pynchon: The Five Most Effective Ways to Break Negotiation Impasse: Part V

Disputing: 5th Cir. Decides on Waiver of Removal Rights Under the Convention on the Recognition and Enforcement of Awards

Trial Warrior Blog: “Naming Names”: Online Defamation and Compelling ISP’s to Disclose Identities of Subscribers

Pynchon: The Five Most Effective Ways to Break Negotiation Impasse: Part IV

Smooth Transitions: Are customer lists trade secrets? Sometimes. Madoff Losses May Be Covered Under Homeowner’s Policies

Disputing: WIPO Arbitration and Mediation Center: Lacoste v. LaCoste

Journal of Empirical Legal Studies: Lawyers at Mid-Career: A 20-Year Longitudinal Study of Job and Life Satisfaction

Pynchon: The Five Most Effective Ways to Break Negotiation Impasse: Part III

The Frontal Cortex: Netflix (fundamental psychological mistake: algorithms assume preferences are stable & consistent)

Business Conflict Blog: ABA Resolution on “Arbitration Fairness Act”

ADR Prof Blog: ADR Blogging Makes an Appearance in Print (ADR’s Diane Levin thoughtfully describes the blog phenomenon)

Loree: The House of Lords Hands Down Landmark Reinsurance Decision: Lexington Insurance Co. v. AGF Insurance Ltd.

Kluwer Arbitration Blog: Is Arbitration Changing? (arbitration proceedings can be as fast as the parties want)

Pynchon: The Five Most Effective Ways to Break Negotiation Impasse: Part II

Disputing: GUEST-POST: Arbitration Hearing Technology – Using PowerPoint to Streamline the Hearing

Business Conflict: ADR and Franchising: A Marriage Made at the Bank Managing Franchise Relationships Through Mediation

Psychology Today: Playing yawn tennis with mirror neurons

Pynchon: The Five Most Effective Ways to Break Negotiation Impasse

WSJ Front Page: ‘Billable Hour’ Under Attack — Companies Push Law Firms for Flat-Fee Contracts

Workplace Prof Blog: Supreme Court Takes Executive Compensation Case

Brain Waves: Wonderful Review of “The Neuro Revolution” in Cerebrum

Psychology Today: How to Tell a Lie (deception requires greater brain activation in several brain regions)

Mediation Channel: proves there is indeed such thing as a free lunch

Business Conflict Blog: Collaborative Law Struggles Bravely

Patently-O: t minus 50: Microsoft Requests Emergency Stay of Injunctive Relief

Adjunct Law Prof Blog: Free PACER

ADR Prof Blog: Collaborative Law Conference and Call for Papers

Concurring Opinions: Game Theory and Law (limited use for game theory in negotiation / mediation)

The Frontal Cortex: The Beginner Mind (for parents, negotiators, mediators)

Mediation Channel: It’s a jungle out there: words of caution for negotiating social media

Enjoy Mediation: Who Doesn’t Like Free?

Posner: Will Economists Escape a Whipping? — Part II (problem: economists exaggerate human rationality)

Patently-O: Federal Circuit Emphasizes Rule 9(b) Heightened Pleading Requirement for Defense of Inequitable Conduct

Disputing: Fifth Circuit Rules on Section 1782 Discovery Motion for International Arbitration Case

Patently-O: Judge versus Jury: Who Should Decide the Question of Obviousness?

Psychology Today: Mastering the Art of Everyday Negotiations

Texas Lawyer: W. Mark Lanier shares ideas on communicating with juries

Adjunct Law Prof Blog: Social Networking, Blogging And Employment Law Article

Real Divorce Mediation: Co-Parenting

Disputing: Alternative Resolutions Article: Third Party Claims Regarding Arbitration

Loree: Guest Post: Judicial Power to Void Mandatory Arbitration Agreements and Class Action Waivers

Neuromarketing: Close Your Eyes, Change Your Brain

Point of Law: Preemption, in trouble in the courts, as well

National Law Journal: For Litigators, a Different Kind of Recession

Anheuser-Modelo arbitration set for this month | Industries | Consumer Goods & Retail | Reuters

Concurring Opinions: Opening Up the Law: Pacer, CITP, and the RECAP the Law Project

Settlement Perspectives: CPR Publishes Early Case Assessment Guidelines

Disputing: PART III | Class and Consolidated Arbitration Under the Federal Arbitration Act: Stolt-Nielsen

Tax Prof: IRS Uses Second Life in Recruitment (advanced social networking goes to employment negotiations)

Frontal Cortex: Information Addiction

Patently-O: Federal Circuit Affirms High Standard for Attorney Fees under 35 U.S.C. 285

Mediation Matters: Bad Faith Mediation Tactics Or Not?

Goldstein: Challenging the Replacement of a Party-Appointed Arbitrator

ADR Profs: Bank of America Drops Credit Card Dispute Arbitration Requirement

ACMI: This is your Brain on Mediation: The use of Neuroscience and Neuro-linguistics in Resolving Disputes (catching on

Posner: Will Economists Escape a Whipping? (Queen: why nobody noticed pre-9/08 that the credit crunch was on its way?)

Workplace Prof: Labor Issues Scuttle Southwest Bid for Frontier

Levin: The log in your eye: eliminating gender bias in mediator performance evaluations

Disputing: Recent Developments in Arbitration of Consumer Disputes

ABA: Law Prof: Outside Ownership Could Help BigLaw

IP ADR Blog: Lawyer and Neutral David Allgeyer on Arbitrating Patent Disputes

Mind Hacks: Seeing what we want to see in our friends (multiparty mediation)

Galima Group: Common Pitfalls of Negotiators

Patently-O: Microsoft Ordered to Stop Selling MS Word

BPS Research Digest: Logic and language are not the same thing

Dallas Divorce Law Blog: Federal law trumps Texas court on tax issues.

Disputing: State Bar of Texas: Alternative Dispute Resolution Section

Business Conflict: Analytical Mediation (transcends the polar extremes of “facilitation” and “evaluation”)

Goldstein: U.S. Judicial Discovery Assistance for Private Foreign Arbitrations: The Fifth Circuit Says “No”

Mediator blog: What Difference Does a Robe Make? Comparing Mediators with and without Prior Judicial Experience

Disputing: Professor Alan Scott Rau Comments on Stolt-Nielsen, S.A. v. Animalfeeds Int’l Co.

BPS Research Digest Blog: Listener’s facial expression alters speaker’s language

Disputing: PART II | Class and Consolidated Arbitration Under the Federal Arbitration Act: Issues in Stolt-Nielsen?

Disputing: Disputing Blog Cited by Law Review Article (thanks for the mention — we’re doing it again this year)

Disputing: Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’

Goldberg: Introducing the Catastrophic Insurance Coverage Blog (I’m sure this will cover this area as well as Pynchon)

Neuromarketing: Selling to the Right Ear (want to get someone to do something, speak into their right ear)

Disputing: The Impact of E-Discovery on Arbitration



Mind Hacks: cerebral folding – the science of why the brain is wrinkled up like a damp walnut

Adjunct Law Prof Blog: 5th Holds ADA claim stated for employee with chronic fatigue syndrome

IP ADR Blog: WIPO Mediation Case Studies

The Law and Neuroscience Blog: Random Reading

“We owe almost all our knowledge not to those who have agreed but to those who have differed.” — Charles Caleb Colton

Dallas Divorce Law Blog: File Breach of Contract Suit In Any District Court

The Law and Neuroscience Blog: Neurolaw and Psychopathy How President Obama Gets To Yes

Dallas Divorce Law Blog: Alimony in Texas?!? [Part 2 of 2]

WSJ Law: Private Equity Circling U.K. Law Firms, Waiting for 2011?

The D&O Diary: Audit Firms’ Litigation Woes Mount, Report Shows

Sharp: Improvisation, Negotiation and All That Jazz

PON: “Conflict is neither good nor bad. Properly managed, it is absolutely vital.” — Kenneth Kaye

Harvard Negotiation Law Review: Making Settlements Stick: How to Encourage Compliance with Mediated Agreements

Neuromarketing: Disney’s Secret Austin Neuromarketing Lab

PON: “We never have the time to do it right but always have time to do it over.” — Anonymous

Sharp: 40 Superb Psychology Blogs (for mediators who delve into this stuff, check out 40 Superb Psychology Blogs)

PON: “People who are only good with hammers see every problem as a nail.” — Abraham Maslow

Workplace Prof Blog: A Civil Rights Act of 2010?

PON: “It isn’t that they can’t see the solution. It’s that they can’t see the problem.” — G.K. Chesterton

CPR: Obama’s Garden Beer Party Produces Promise for Further Dialogue (July 31).

Patently-O: Centocor v. Abbott (E.D.Tex.)

M Twain: Everything has been said before, but since nobody listens we have to keep going back and beginning all over again

Jeff Kichaven: When Is the Right Time To Mediate?

Cognitive Daily: How do we remember scenes?

PON: “Whether it’s the best of times or the worst of times, it’s the only time we’ve got.” — Art Buchwald

PON Daily: Balancing Competing Interests, Waxman Style

Disputing: Fifth Circuit: You Should Not Be Allowed a Second Bite at the Apple Through Arbitration

IP ADR Blog: Successful Fed Circuit Mandatory Mediation Program Takes a Patent Dip in First Half of ’09

ADR Prof Blog (Golann): Commentary on the NAF Lawsuit

Brain Waves Blog: The Neuro Revolution published!

Gerry Spence: On being selfish

IP ADR Blog: Negotiating in Bad Faith

PON Resource: “Conflict lies at the core of innovation.” — Emanuel R. Piore

Workplace Prof Blog: Pleading Discrimination Claims After Iqbal & Twombley

Sharp: Lines are being blurred in modern mediation practice like never before

IP ADR Blog: Eight Challenges to the Successful Mediation of Patent Cases

AmLaw Litigation Daily: Fair Use Defense Gets KO’d at Boston Illegal Music Downloading Trial

Disputing: Client Sues Texas Attorney Over Failed Arbitration

WSJ Law Blog: The Shortest Allegedly Defamatory Statement in History?

Pynchon: Negotiating the Resolution of Civil Harassment Complaints


IP ADR Blog: Best IP Settlement Advice in the Role of a Cartoon Character

Dallas Divorce Law Blog: Grandparent Access to Grandchild Over Parent’s Objection New Law

Legal Writing Prof Blog: basing decisions on life experience (negotiation: the brain must employ both logic and emotion)

Disputing: Testimony from the U.S. Congress Hearing on the Misuse of Arbitration to Collect Consumer Debt

Mediation Matters: Mistakes Made By Mediators — Part Three

Enjoy Mediation: Q & A With Steve Mehta

ABA Journal: Boom and Bust: E-discovery industry seeing slower growth, more mergers Building Positive Emotions In Mediation

Disputing: ABA CLE | Chicago July 31 | Arbitration: Has It Fulfilled Its Promises?

ABA Journal: Getting Personal: Social networks appeal, but not to the firm

AmLaw Daily: Citing Ashcroft v. Iqbal, Florida Judge Dismisses Seroquel False Marketing Suit

ABAJournal: Big Bank Blinks; Is This the End for Mandatory Consumer Arbitration?

Dallas Divorce Law Blog: Alimony in Texas?!? Well, sort of . . .

Harvard’s PON guru Mnookin talks mediation: Getting to yes: What would it take for Gates, Crowley to shake hands Blog Postings of the Week

Workplace Prof Blog: interactive map of state minimum wage rates

ADR Prof Blog: Materials from Congressional Hearings on Arbitration

Disputing: Global Arbitration Review Article: ‘Bad Faith’ Costs Decision Upheld

Disputing: The American Arbitration Association Confirms Today That It Suspends Arbitration of Consumer Debt Collection

TAKEAWAYS: Self-Determination and Divorce: A Personal Story

AP: Unraveling how children become bilingual so easily (brain science: how brain processes and imprints language)

Disputing: The Psychology of Overconfidence and Mediation

Patently-O: When The Infringing Device only Temporarily Meets the Claim Limitations

PrawfsBlawg: Overturning Twombly and Iqbal

WSJ: An Arbitration Revolution? AAA Joins NAF, Stops Taking New Cases

Alternatives to the High Cost of Litigation: ‘Insulting’ First Offers: Why Lawyers Make Them, and How to Respond (Dwight Golann)

Texas Lawyer Blog: $178.7 million verdict includes $5 million in punitives against GC

Texas Lawyer Blog: OCA’s Carl Reynolds launches new blog CourTex

WSJ: Credit Card Disputes Tossed Into Disarray

Disputing: Texas Supreme Court Finds that Court Abused Its Discretion by Allowing Pre-Arbitration Discovery

Pynchon: The American Arbitration Association Gives Up Consumer Debt Collection Disputes as Well

WSJ Law Blog: Making Sense of the Dip in Securities-Fraud Cases

Mediation Matters: Mistakes Made By Mediators �” Part Two

New Yorker: Cocksure: Banks, battles, and the psychology of overconfidence. (Gladwell negotiation / mediation theory)

Disputing: U.S. Congress Hearing on the Misuse of Arbitration to Collect Consumer Debt

Dallas Divorce Lawyer Blog: Standing for Step-father to Sue for Custody Want settlement cash now? Not so fast!

CPR: Sunday 7/19 Update: NAF Halts All Consumer Arbitrations; House Hearings Wednesday (Bleemer leads again)


Mediation Matters: Mistakes Made By Mediators –Part One

Dallas Divorce Law Blog: Do Sanctions Apply to Best Interest of Child?

Structured Settlements 4Real: Eight Structured Settlement Consultants Explain It “Like Its 1999”

Settlement Perspectives: Ambiguities in Rule 68: Why Are They Relevant to You?

Loree: The Art & Science of Mediation: A Brief Recap of Don Philbin/Randall Kiser/Katherine Billingham ABA Telecon

Disputing: Texas Bar Journal: Letter to the Editor on Improving Arbitration

Time: Why Girls Have BFFs and Boys Hang Out in Packs (more brain science research to help in negotiation mediation)

Workplace Prof Blog: EEOC Issues Employee Guidance on Waivers in Severence Agreements

Patently O: Patent Application Pendency: Percent of Applications Still Pending

Civil Negotiation and Mediation: Creating a Negotiation Plan

Lawsagna: “Can Your Brain Fight Fatigue?” (NYT: sports drinks replace cookies in mediation?)

CPR: Thursday Update on Minnesota AG v. National Arbitration Forum: NAF’s New Statement on the Complaint (July 16).

Goldstein: Judicial Power to Change the Place of Arbitration? (5th Cir.)

Brains on Purpose: Why it’s brain-friendly 2 clarify ideas through images (make images a part of negotiation mediation)

Law Prof Blog Rankings (some good subject matter sources here)

Mediation Matters: Let it Show, Let it Show — Make sure to bring proper demonstrative evidence to the mediation

Disputing: Professor Alan Scott Rau Comments to In re Morgan Stanley

Disputing: Texas Supreme Court Holds that the Court, not the Arbitrator Should Decide the Issue of Capacity to Contract Co-Parenting After A Divorce—Tips From A Mediator

Cross Collaborate: A Note on Humor & Consensus Building

Forum: 5 New ADR Blogs to Add to Your Reading List, by Diane Levine

Dallas Divorce Law Blog: Divorce Recession — Cold as Ice or Hot as Ever?

IP ADR Blog: Patent Arbitration – Abiding By the Rules

Business Conflict Blog: Drafting Arbitration Clauses Post-Hall Street

Tax Prof Blog: Moneyball Lives! (one of the most entertaining decision analysis books) (negotiation mediation Spurs)

Disputing: Law Review Article: “Disappearing Juries and Jury Verdicts”

HBS: A Decision-Making Perspective to Negotiation: A Review of the Past and a Look into the Future (mediation)

IP ADR Blog: Litigation Accounting for In-House Counsel

IP ADR Blog: Making Aggressive Opening Offers

IP ADR Blog: Mediator’s Proposal: Take It or Leave It by Robert J. Rose of Sheldon Mak

Adjunct Law Prof Blog: Top 100 Employment Law Blogs

Settlement Perspectives: Advanced Decision Tree Analysis in Litigation: An Interview With Marc Victor, Part II

Diane Levin finds the Three Little Pigs Mediation from (used there to set expectations)

NPR: When Brain Scans Mislead (negotiation theory; can be misleading as a measure of thought, emotion, or personality)

Disputing: Arbitration of Discrimination Claims After 14 Penn Plaza v. Pyett

Cognitive Daily: Is less always more? (we prefer a moderate number of choices in negotiation — not too many or too few)

Disputing: U.S. Supreme Court Vacates Sixth Circuit Decision that Nonsignatories May not Enforce Arbitration Agreement

Brains on Purpose: Want to communicate well in mediation? Here are a couple of tips

Disputing: Texas Supreme Court Rules on Arbitration of Tort Claims in Employment Contract

ADR Prof Blog: Arbitrators grant dispositive motions less often than judges

Writing Blog: NYT: How our brains assess risk and possible lessons for more effective advocacy (a favorite negotiation t

Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v.

WSJLaw: New and Improved Arbitration?

Sharp: Nice collection of articles by AIM Institute faculty just posted

Business Conflict Blog: Mediation (Peter has gone overboard — but he is one of the best in the business so I’ll take )

Disputing: Article: “Civil Jury Trials R.I.P.? Can it Actually Happen in America?” and the Federal Arbitration Act

Tax Prof Blog: Taxes and the Declaration of Independence

Settlement Perspective: Advanced Decision Tree Analysis in Litigation: An Interview With Marc Victor, Part I

Mediation channel surfing: in a round-up of links, some tasty ideas to snack on — Diane does a nice job with these

RT @CatherineMorris: RT @dianelevin Superb PDF download: One Minute Manager Prepares for Mediation (and negotiation) tx

RT @dianelevin: Am a fan of optical illusions for their ability to challenge our perception. Here’s a good one involv.

Forum Blog: NY Bar Guidelines for Discovery in Domestic Commercial Arbitration

Settle It Now Negotiation Blog: Deal or No Deal: Improving the Odds of Successful Mediation

Business Conflict Blog: Finally! The White House “Gets” ADR

Loree: Upcoming ABA Mediation Teleconference Featuring Don Philbin and Katherine Billingham (thanks for the mention)

Chron Higher Ed: Change or Die: Scholarly E-Mail Lists, Once Vibrant, Fight for Relevance


SCOTUS Blog: Thoughts on this Term and the Next (thoughtful recap of SCT term)

ADR Prof Blog: Mediation and the Separability Doctrine (extent to which clause can require pre-suit mediation)

Domain Name Wire: Sandra Bullock Fights for Her Domain Name

Forbes Intelligent Investing: Should Securities Arbitration Be Mandatory?

Business Conflict Blog: Contract Drafting for Dispute Management (negotiation mediation arbitration)

SCOTUS Blog: End of Term “Super Stat Pack” – Supreme Court decision metrics for the term concluded today

NLJ: Anatomy of an Arbitration Disaster

Disputing: Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’ (also a topic at TX ADR meeting)

RT @vpynchon: RT @HappyHandyman: How to Negotiate Taxes with the IRS

WSJ: GM to Take on Future Product-Liability Claims (Chrysler no?)

RT @consumerfinance: FTC Roundtable to Discuss Debt Collection Litigation and Arbitration; Call for Public Comments:

RT @KluwerArb: Blog: Special Masters in International Arbitration: by Roger Alford (Alford is good)

Loree: Scarpato Reports on the Association of Insurance & Reinsurance Run-Off Companies (AIRROC) Dispute Resolution Pro.

Tex Parte Blog: Conjunctions, contractions and controversy (Scalia and Garner were great at State Bar)

Barnett: ID of Party to Arbitration Pact Doesn’t Matter, Texas Supremes Hold

Disputing: Audrey Maness: Weil, Gotshal & Manges Guest-Post: Texas House Bill 1083


Domain Name Wire: Tiger Woods Can’t Sink Putt for Child’s Domain Name

RT @Fulbright Publication: 2009 TX Legislative Session in Review: What Passed, What Didn’t and Where We Go From Here

RT @JuryVox: Check this out. World Clock with running counters on Crime, Death, Energy Production, more… way cool.

Enjoy Mediation: Selective Perception (latch on to confirming information and discount disconfirming information)

Spoelstra: The ‘Texas Shoot Out’ And Other Ways To Get Out Of Deals! negotiation mediation arbitration

Mehta: Taking Escalates More than Giving De-Escalates — How that Affects Mediation and Negotiation

ABA Book: How Brain Science can Make You a Better Lawyer (always fascinated with implications for negotiation mediation

Sharp finds another gem: video played at Sony’s Executive Conference this year (worth 5 min)

Disputing: TX Federal Court Finds Blockbuster’s Online User Agreement ‘Illusory’ and Denies Motion to Compel Arbitration

Loss Aversion Under Prospect Theory (decision analysis society picks topic familiar to mediators for top award)

Disputing: U.S. Dispute Resolution Legislation: Update — concise summary of pending ADR bills

RT @WSJLawBlog: The Beginning of the End of Mandatory Arbitration?

RT @WSJPersFinance: Securities Arbitration Is Faulted

Mehta: Rose Colored Glasses in Mediation Might Be Helpful — Research on Ability to Take In Information and Moods

Geoff Sharp: 10 suggestions for lawyers heading into a mediation (first installment)

Disputing: Fifth Circuit Confirms International Commercial Arbitration Award

Kluwer Arbitration: The Case for Publication of Arbitral Awards

WSJ: A Wandering Mind Heads Toward Insight – anatomy of the brain’s breakthrough moments and the payoff of daydreaming

Business Journal: Marquette law school to run foreclosure mediation program in Milwaukee

RT @WSJLawBlog: Breaking: Woman Ordered to Pay $1.92M for Illegal Downloading

RT @mediatecom: Article: View of Mediation in the Future –

Settlement Perspectives: When Not To Negotiate: My Tree, My Neighbor’s House

Mehta: I Just Assumed…Assumptions Can Create Nightmares in Mediation and Negotiation

Foreclosure mediation rules being developed in Nevada — highest foreclosures — expect 1500 per month

RT @Caufrier: Obama healthcare moves follow Harvard Negotiation playbook

ADR Prof Blog: “I find it interesting that the plan doesn’t call for the immediate outlawing of mandatory arbitration”

Financial Reg Reform: new consumer protection agency should have the power to ban mandatory arbitration clauses. (62-63)

CKA Mediation & Arbitration: More Divorcing Couples Utilize ADR

The mediator’s proposal is supposed to be a reflection of what will work to settle the conflict Recession Shifting Disputes to Mediation

RT @astarita: “How to Lose a $4.1 Billion Wrongful Termination Arbitration Award” Hint – represent yourself and don …

Sharp: most impressive thing about a mediator who’s on their game is the ability to go from a standing start to 100kph

Mediation Matters: International Elder Abuse Awareness Day — Learning About Elder Abuse and Mediation

Mediation Matters: Pass the Vinegar, Honey! The Effect Of Anger On Others During Negotiations

Indisputably: Supreme Court grants cert in another FAA-related case

Disputing: Texas Supreme Court Rules on Burden of Proof in Arbitration Agreement

Lloyd’s Issues Warning About Threat of Instability Due to Recession:

RT @stevemehta: A mediator has to be the beacon of optimism. People look to the mediator to gauge the success of mediation.

Dallas Divorce Law Blog: New TX Law Regarding Standard Possession Order

LA Mayor Villaraigosa: Mandatory Mediation Needed Between Lenders and Homeowners Near Default.

Mediation Matters: New York State Bar Issues New Report On Arbitration Guidelines For Discovery

ADR Prof Blog: NPR Story on the “Arbitration Debate”

IP ADR Blog: Yes You ARE Making Irrational Decisions: What to Do About It (tx vicki)

Sharp: Mediation – an integral part of our litigation culture Certification Follow Up: Jim Melamed Responds

Disputing: Employment and Consumer Arbitration: NPR Article (nice recap for arbitrators)

RT @WSJopinion: Jenkins: GM Needs a Political Strategy: Whitacre is not there to sell cars. Brilliant choice.

RTKl Costs in International Arbitration – A plea for a debate on early guidance by the arbitral tribunal on the p.

“Mediation is a good thing because it helps to engender settlement and only a fool does not want to settle.”

Settle It Now: Foreclosure Mediation Becomes Mandatory in Connecticut

Disputing: Fifth Circuit Confirms Arbitration Award in Employment Case

RT @LauraOwings: US Sup Ct lets law nullifying pre-admission nursing home arbitration agreements stand

Rethinking Negotiation Teaching: Innovations for Context and Culture is a must read for ADR academics and trainers

Don Philbin interesting blog on attribution biases led me to this Circle of Conflict graph — mediation negotiation

RT @KluwerLawOnline: English Court retains jurisdiction notwithstanding French arbitration clause:

RT @IntlDispNegPod: Here’s one for you train spotters: Biggest ICSID arbitration award ever to individuals, seventh biggest ever …..

RT @leejayb: In negotiation, the right answer at the wrong time is the wrong answer. Being more strategic and less emotional wins the prize.

Link to bet the company litigation

Sharp picks another — Moffitt rejoining Dean Fiss’s classic article “Against Settlement” — negotiation

ADR Prof: more on the long-running debate over puffing / lying in negotiation / mediation

IP ADR Blog: Unsurprising Speculation on Bratz Litigation Resolution: Licensing Agreement in the Works

Mehta: Negotiating Games — Using Anger in Mediation, A Researched Analysis

Employee terminated after accessing Facebook from her a home after claiming to be too ill to use a computer at work

Eisenberg: The Decision to Award Punitive Damages: An Empirical Study (judges award more often in PI cases and juries in non-PI cases) …

Disputing: Sonia Sotomayor Meets Posner: Standards of Review for Arbitration Awards After Hall Street Technology Is Great, but Prove Your Point

Fifth Circuit: Sham Arbitration Cannot Be Used to Perform an Unlawful Transfer

Sotomayor’s Arbitration Jurisprudence — Prof Cole: nothing to suggest that she will vote differently than has Justice Souter. http://bi

Don Philbin watched Steve Susman’s “Litigating in a Downturn” (5 min. clip) and recommends it to his attorney and mediator friends.

RT @robertlevy: Interesting Bloomberg’s law report on arbitration – Is Arbitration the Right Result.

RT @fwpharma: Johnson & Johnson initiates arbitration proceedings over Remicade, Simponi

TX HB 1083 prohibits court ordered mediation in arbitrable actions under the FAA without party agreement.

Mediation Matters: Anger Management A Must — Anger Can Be Damaging To Negotiations or Mediation

Ottawa Business Journal: The Benefits Of Arbitration In Commercial Disputes (

Five ways to take the sting out of mediation

RT @fulbright: 5/22 International Arbitration: “manifest disregard of the law” – dead or alive?

RT @LawPassion: NASAA Supports Arbitration Fairness Act

Negotiations Today Could Haunt You Tomorrow — Study Finds Long Term Implications

Musicians have better memory — not just for music, but words and pictures too

Interesting Take on Arbitration Fairness Act by E. Gary Spitko

RT @EarthTimesPR: JAMS Announces First International ADR Center to Provide More Effective Arbitration and Mediation Worldwide http://tin

Domain Name Disputes: SAP Loses Case Against UniSAP

U.S. Report on Commercial Arbitration – The Impact of Uniform Law on National Law: Limits and Possibilities

Manifest Disregard is Dead – Long Live § 10(a)(4) FAA?

No extension of arbitration agreement to non-signatory parent company based on letter of guarantee

Arbitration Award That Conflicts With Public Employer’s Internal Policy Does Not Violate Public Policy

Don Philbin another fine article on psychological biases — Tor is top shelf — helpful in negotiation and mediation

RT @Fulbright: 5/18 International Arbitration: Applications under sect 1782 to obtain discovery

RT @stevemehta: Studies show that really effective negotiators prepare 400% more than ordinary negotiators. Consider that b4 going to me …

Don Philbin construction mediation report from The Centre of Construction Law and Dispute Resolution at King’s College London

Ethics and Negotiating: Truth or Consequences? from the New York Law Journal

RT @dougnoll: Divorce Mediation Strategies | Divorce Tips

Don Philbin Forbes arbitration piece:

RT @bfmradio: Podcast: Negotiation and Decision-Making Using Mind-Mapping – KC Liew, Brainworks Enrichment –

American College of Trial Lawyers Task Force Report recommends ADR processes

Texas Bar Journal Article: The Future of Arbitration

RT @stevemehta: Surface Transp. Board assists Dupont in shipping dispute in first STB mediation.

RT @stevemehta: Getty and Met receive Italian art through the benefit of mediation.

  • Don Philbin

    Don Philbin is an attorney-mediator, negotiation consultant and trainer, and arbitrator. He has resolved disputes and crafted deals for more than 20-years as a commercial litigator, general counsel, and president of communications and technology-related companies. Don has mediated hundreds of matters in a wide variety of substantive areas and serves as an arbitrator on several panels, including CPR’s Panels of Distinguished Neutrals. He is an adjunct professor at the Straus Institute for Dispute Resolution at Pepperdine Law School, Chair of the ABA Dispute Resolution Section’s Negotiation Committee, and a member of the ADR Section Council of the State Bar of Texas. Don is a Fellow of the American Academy of Civil Trial Mediators and is listed in THE BEST LAWYERS IN AMERICA (Dispute Resolution), THE BEST LAWYERS IN SAN ANTONIO, and the BAR REGISTER OF PREEMINENT LAWYERS.

  • 2009