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
Latest from Merge Mediation Group Blog
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
The Irish poet and playwright, Oscar Wilde, famously observed how “life imitates art far more than art imitates life.”
About a year ago, a colleague introduced me to the world of “cooperative” board games, which stress cooperation over competition. There
What Does it Mean to Have “Settlement Authority” at a Mediation?
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
Can Confidential Mediation Materials Start the 30-Day Clock Ticking for Removability Under the Class Action Fairness Act?
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
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