Archive for the ‘Uncategorized’ 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

  • 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