Category: Alternative Dispute Resolution

Alternative Dispute Resolution Careers The Business of Practicing Law The Craft of Lawyering

Could The Legal Profession Ever Become Extinct?

Could licensed lawyers ever go the way of the Dodo and S & H Green Stamps? I came across this recent article in the Wall Street Journal about the growing interest by non-traditional law…

May 25, 2013
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Alternative Dispute Resolution Negotiation The Craft of Lawyering

Demystifying The Notion Of A “Mediator’s Proposal”

Every lawyer whose practice includes mediating civil cases is bound at some point to come face to face with the concept of a “mediator’s Proposal,” also called a “mediator’s number.” Here’s what happens: the…

May 9, 2013
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Alternative Dispute Resolution Negotiation The Craft of Lawyering

Avoiding The Very Worst Bargaining Position

So much in our lives, both professional and personal, lies outside our control. Focusing on the professional, most lawyers will never be fortunate enough to be able to limit our practice to only perfect clients who march into…

March 6, 2013
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Alternative Dispute Resolution Negotiation When You Are Sued

Five Sound Negotiation Pointers

I recently participated in a conference about negotiation. I left with a list of negotiation “pointers,” short strategies to help keep your eyes on the prize when negotiating. I’ll share five good ones here.…

March 4, 2013
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Alternative Dispute Resolution Negotiation The Craft of Lawyering

Six Top Neutrals Give Their Best Mediation Tips

I asked several top Southern California mediators I know personally or by reputation to share their best “tip” for success at mediation. In exchange for their labors, I promised the prestige and notoriety of…

January 4, 2013
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Alternative Dispute Resolution Opinion/Editorial Trial

Closure: Coming Soon To A Courthouse Near You

Perhaps this is unique to California, but I just received another announcement from our attorney service of a courthouse closure. In addition, the notice mentioned yet another court that, although not closing altogether, was…

December 7, 2012
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Alternative Dispute Resolution The Craft of Lawyering Trial

Killing Them Softly With Preparation

Having the time and inclination to prepare as much as necessary–even over-prepare–really is a great equalizer when it comes to the trial lawyer’s craft. I had the good fortune to practice for a brief…

November 26, 2012
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Alternative Dispute Resolution Evidence The Craft of Lawyering Trial

When There’s Only One Juror

  Should our trial preparation and presentation be appreciably different when trying a bench trial or arbitration before a single arbitrator? If so, how? As in most instances, McElhaney offers spectacular guidance on this…

November 14, 2012
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