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 Joshua E. Fruchter, Esq., a mediator and litigator with over twenty five..
During our June 23 webinar on decision tree analysis, an attendee shared having heard complaints that decision tree analysis is unfair to plaintiffs because the multiple probabilities in the tree whittle down their expected damages. However, it’s only when the “whittling down” results from misuse of the rules of probability..
At our June 23, 2021 webinar on decision tree analysis, we examined how to calculate the expected value (EV) of a lawsuit using a decision tree in connection with a mediation or settlement negotiations. We also discussed that once an EV is calculated, plaintiffs should subtract from EV the anticipated..
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 (1) credit in the area of Professional Practice is currently pending. The..
We are pleased to announce an upcoming webinar on Tuesday, November 17, 2020 at 12:30 PM EST entitled “How Mediation Can Add Value to the Estate Planning Process.” The webinar is NYCLE-accredited for one (1) credit in the area of Professional Practice. The presenter is Joshua E. Fruchter, Esq., a..
In several of our past blog posts, we’ve referenced various psychological principles applicable in mediations. An awareness of psychological principles can help mediators understand why parties have taken certain positions or why they are behaving in a certain way, as well as anticipate how parties may respond to a mediator’s..
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 are no individual losers or winners. Instead, players work together..
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 call away? A federal magistrate judge recently explored these questions..
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 meets the requirements for removal, a defendant may seek to..
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..