All posts by Michael Moffitt

Bill Drake (1944 – 2018): The Passing of an ADR Pioneer

Summarizing Bill Drake’s career is a task poorly suited for a blog post. He was a pioneer in creating integrated approaches to conflict and dispute systems, with a particular focus early in his career on city-level initiatives. He helped to run NIDR early on. He advised ACCORD. He ran the Western Justice Center Foundation. And … Continue reading Bill Drake (1944 – 2018): The Passing of an ADR Pioneer

Rachel Viscomi, Harvard Assistant Clinical Professor

Announcement yesterday from Harvard Law School that Rachel Viscomi has been appointed as an assistant clinical professor of law. She will also direct Harvard’s Negotiation and Mediation Clinical Program. Full press release at (https://today.law.harvard.edu/rachel-viscomi-named-assistant-clinical-professor-law/). Rachel’s energy is hard to capture in a blog post, but I suspect that anyone reading this doesn’t need for me … Continue reading Rachel Viscomi, Harvard Assistant Clinical Professor

Law Firm Arbitration Clauses for Summer Associates

From this morning’s Inside Higher Education: A group of top law schools on Monday released the results of a survey of workplace harassment policies at law firms recruiting on their campuses. Those law schools asked the firms last month to respond to questions about mandatory arbitration agreements and other policies dealing with workplace harassment. Student … Continue reading Law Firm Arbitration Clauses for Summer Associates

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).  [http://www.clrc.ca.gov/K402.html] At 158 pages, the report is thorough, and in many places, … Continue reading California Law Revision Commission on Mediation Confidentiality