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We are pleased to announce a free webinar for litigators and mediators on Wednesday, July 21, 2021 at 12:30 PM EST entitled “The Top 7 Psychological Traps to Watch Out For in Litigation and Mediation.”
The presenter is
Continue Reading Free Webinar for Litigators and Mediators: July 21: The Top 7 Psychological Traps to Watch Out For in Litigation and Mediation

During our June 23 webinar on decision tree analysis, one attendee reported having heard complaints that decision tree analysis is unfair to plaintiffs because the multiple probabilities in the tree whittle down their expected damages.
The short answer is that
Continue Reading Misuse of Probability in Decision Tree Analysis: Avoiding Garbage In, Garbage Out

We are pleased to announce a free webinar for litigators and mediators on Wednesday, June 23, 2021 at 12:30 PM EST entitled “Using Decision Tree Analysis To Value Lawsuits and Negotiate Settlements.”
An application for NYCLE-accreditation for one
Continue Reading Free Webinar for Litigators and Mediators: June 23: Using Decision Tree Analysis To Value Lawsuits and Negotiate Settlements

Local rules implementing alternative dispute resolution procedures typically provide that mediation attendees must have “settlement authority.” But what exactly does that term mean? Is attendance by outside counsel enough if someone else with full settlement authority is just a phone
Continue Reading What Does it Mean to Have “Settlement Authority” at a Mediation?

The Class Action Fairness Act (“CAFA”) provides expanded original diversity jurisdiction in federal courts for class actions meeting certain requirements, including an amount in controversy that exceeds $5,000,000. If the class representative commences a class action in state court that
Continue Reading Can Confidential Mediation Materials Start the 30-Day Clock Ticking for Removability Under the Class Action Fairness Act?

In this latest post applying Talmudic principles in mediation, we discuss a psychological principle known as the “endowment effect” and its impact on negotiations during mediation (the Talmud being an ancient Jewish legal text compiled around 500 C.E. that
Continue Reading Mediation Lessons from the Talmud: The Endowment Effect and Its Impact on Settlement Negotiations

Given the increasing popularity of pre-litigation mediation clauses, we continue to keep an eye out for new decisions addressing enforcement of such clauses.  In a past post, we discussed the importance of fixing deadlines to both commence and complete
Continue Reading Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from Hawaii