October 16, 2019

Mediation Lessons from the Talmud: The Endowment Effect and Its Impact on Settlement Negotiations

Josh Fruchter
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 a primary source of Jewish law and philosophy). Our Psychological..
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October 6, 2019

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

Josh Fruchter
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 pre-litigation mediation. A Hawaii federal court recently held that the relevant..
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