Supreme Court Orders Additional Briefing in Hall Street

Today, the Court issued an order requesting supplemental briefing from the Hall Street Parties. The order is as follows: ORDER IN PENDING CASE 06-989 HALL STREET ASSOC. V. MATTEL, INC. The parties are directed to file supplemental briefs addressing the following questions: (1) Does authority exist outside the Federal Arbitration Act (FAA) under which a … Continue reading Supreme Court Orders Additional Briefing in Hall Street

Missing Jon Stewart and What the Writer’s Guild Strike Has to do with Negotiation

Strikes that get played out in the news are interesting public displays of negotiation positions that we are often not privy to otherwise. In the strike of the Writers Guild of America, their position, as expressed in the New York Times by Damon Lindeloff (the co-creator and head writer for the television series Lost) is … Continue reading Missing Jon Stewart and What the Writer’s Guild Strike Has to do with Negotiation

Emotions and Problem Definition in Mediation

Leonard Riskin and I have written an article that will appear in the summer issue of the George Mason Law Review. Because we are concerned that many mediation sessions are characterized by a narrow, law-and-litigation-oriented problem definition, the article proposes several mechanisms to encourage parties to choose the problem definition for their mediation. Do they … Continue reading Emotions and Problem Definition in Mediation