FORCE MAJEURE CLAUSES: SAFE HARBOR OR DANGEROUS REEF?
202004.20
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FORCE MAJEURE CLAUSES: SAFE HARBOR OR DANGEROUS REEF?

The World Health Organization (WHO) declared the novel coronavirus disease (COVID-19) outbreak a Public Health Emergency” on January 30, 2020. Because of the rapid spread of the outbreak, slow government responses, and lack of early travel restrictions, COVID-19 caused significant disruption to business on a global scale. These disruptions include travel, supply chains, and most…

ONLINE MEDIATION – MOST ESSENTIAL PRE-MEDIATION TIPS
202004.14
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ONLINE MEDIATION – MOST ESSENTIAL PRE-MEDIATION TIPS

Since the Covid-19 pandemic, mediation has quickly pivoted from an in-person event to one occurring primarily via video conferencing.  Although several video conferencing platforms exist, Zoom appears to be the most popular for now.  Video and online mediation does, however, present particular challenges for attorneys and mediators. In order to maximize settlement prospects with online…

DISPUTES IN THE ERA OF COVID-19
202004.03
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DISPUTES IN THE ERA OF COVID-19

Disputes are not likely to disappear in this pandemic.  However, the manner is which disputes are resolved is already changing dramatically.  Courts are essentially closed to civil trials.  Existing trial dates for cases that are pending have all been continued with continuation dates that are themselves uncertain.  So too have hearings for filed arbitrations been…

NEGOTIATING IN THE MIDST OF A SEVERE PUBLIC HEALTH/ECONOMIC CRISIS
202004.03
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NEGOTIATING IN THE MIDST OF A SEVERE PUBLIC HEALTH/ECONOMIC CRISIS

What we think we know about human behavior during negotiations derives from an overwhelming volume of research studies grounded in a wide range of disciplines.  For example, the central point of Daniel Kahneman and Amos Tversky’s remarkably influential 1979 article in the journal Econometrica, Prospect Theory: An Analysis of Decision Under Risk on Prospect, has…