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
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Misuse of Probability in Decision Tree Analysis: Avoiding Garbage In, Garbage Out
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…
Why Sunk Costs Are Irrelevant to Decision Tree Analysis in Mediation
At our June 23, 2021 webinar on decision tree analysis, we discussed that after calculating the expected value (EV) of a lawsuit using a decision tree in connection with settlement negotiations or a mediation, plaintiffs should subtract the anticipated future…
Free Webinar for Litigators and Mediators: June 23: Using Decision Tree Analysis To Value Lawsuits and Negotiate Settlements
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…
NYCLE-Accredited Webinar: November 24: How Mediation Adds Value to the Estate Planning Process

We are pleased to announce an upcoming webinar on Tuesday, November 24, 2020 at 12:30 PM EST entitled “How Mediators Add Value to the Estate Planning Process.”
The webinar is NYCLE-accredited for one (1) credit in the area…
Coronavirus and Collaboration: Cooperating in a Time of Crisis
What Does it Mean to Have “Settlement Authority” at a Mediation?
Can Confidential Mediation Materials Start the 30-Day Clock Ticking for Removability Under the Class Action Fairness Act?
Mediation Lessons from the Talmud: The Endowment Effect and Its Impact on Settlement Negotiations

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…
Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from Hawaii

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…