The Significance of Nonverbal Communication in Mediation and Arbitration

Joan B. Kessler | JAMS Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions. While the words that are spoken are critical to assessing communication, assessing the meaning of words through evaluating nonverbal gestures and cues, body language and eye… Continue reading The Significance of Nonverbal Communication in Mediation and Arbitration

Improving Arbitration By Private Right of Appeal

Patricia H. Thompson | Forum on Construction Law The belief that there can be no appellate remedy for erroneous arbitration awards is widespread but mistaken. Granted, the Federal Arbitration Act (FAA) and many state arbitration statutes provide limited judicial relief from a final arbitration award.1 Indeed, the FAA does not allow for any judicial appellate review of an… Continue reading Improving Arbitration By Private Right of Appeal

Lawyer’s Advocacy in Arbitrations: No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Get the Hearing Exhibit Books Right

David K. Taylor | Buildsmart There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the eighth of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I… Continue reading Lawyer’s Advocacy in Arbitrations: No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Get the Hearing Exhibit Books Right

Lawyer’s Advocacy in Arbitrations: No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Be Creative with Proof and Issues

David K. Taylor | Buildsmart There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the ninth of the top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when… Continue reading Lawyer’s Advocacy in Arbitrations: No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Be Creative with Proof and Issues

Lawyer’s Advocacy in Arbitrations: No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Looking for Ways to Make Your Arbitrator Happy at the End of a Hearing

David K. Taylor | Buildsmart There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I… Continue reading Lawyer’s Advocacy in Arbitrations: No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Looking for Ways to Make Your Arbitrator Happy at the End of a Hearing

%d bloggers like this: