I first came upon the term “Collaborative Law” in 2006 when I met David Hoffman of Boston Law Collaborative. David is a remarkable guy and could sell ice to an Eskimo if he thought the ice would be a benefit. As concerns collaborative law, David is tireless in his advocacy, and he has every reason to be. It sets lawyers to work on solving clients’ problems. Strangely, some lawyers object on ethical grounds. (Now, now, don’t smirk!) Read more »
An informative session at the ABA Meeting in late July introduced a term I’d not heard before, consisting of a bundle of familiar but elegant techniques. “Analytical Mediation” seems to be the moniker for my Dad’s admonition: “Do It Right The First Time!” Read more »
The Dispute Resolution Committee of the ABA Section on Business Law presented a superb program on the practical implications of last term’s Hall Street decision. Read more »
At the Chicago ABA Meeting, a helpful panel was presented on “Ethics Basis for Business Lawyers.” The discussion of Rule 4 — addressing responsibilities with respect to persons other than clients — boiled down to the ethics of negotiation. One of my favorite definitions of mediation is “negotiation with adult supervision” and it is interesting to look at the process through the ethical constraints — not of the mediator — but of the negotiating counsel. Read more »