All posts by Michael Moffitt

Joint Fact Finding

An interesting blog post from CBI (Consensus Building Institute) about joint fact finding processes in science-heavy public policy contexts. Per Pat Field: The traditional ways of generating information in stovepipes – via the academy, industry, government, or NGOs – are not meeting the three-pronged test of useable science and technical studies:  credible, legitimate, and salient. … Continue reading Joint Fact Finding

Opioid Litigation & Judicial Role in Settlement

Great article this morning from the National Law Journal, with someone misleading title: “Judge Orders Opioid Lawyers to Come Up With a Settlement Plan.” Available here and text excerpt below. As one who grew up, clerked in northern Ohio, and still names as “hometown” one of the (many) places hard hit by this crisis, I am … Continue reading Opioid Litigation & Judicial Role in Settlement

AI and Predicting Settlement

The National Law Journal reported yesterday on SettlementAnalytics and their predictive algorithms. “The world’s first quantitative legal measurement to indicate the likelihood of a lawsuit proceeding all the way to trial and adjudication” according to the company. I am profoundly skeptical. Or perhaps more accurately, I can easily imagine distortions (or worse) masquerading as mathematical … Continue reading AI and Predicting Settlement

California Law Revision Commission on Mediation Confidentiality

The California Law Revision Commission has issued a tentative recommendation regarding mediation confidentiality, with a particular focus on the circumstance in which there is alleged misconduct during the course of a mediation (and evidence from the mediation is sought in a subsequent suit).  [] At 158 pages, the report is thorough, and in many places, … Continue reading California Law Revision Commission on Mediation Confidentiality