FRIDAY, MAY 15, 2020 Seeing the advantage of using videoconferencing, I’m convinced that, in mediations, we’re not going to back to status quo after COVID-19. The COVID-19 pandemic and shelter-in-place orders under which most of us have been living have changed many aspects of our lives. Although not the most significant change in the larger... Read more »
A former colleague of mine, the late William H. Orrick, Jr. always described the position of federal district judge as the “best damn job in the world.” He said it so emphatically that his statement commanded agreement. Plus, in many ways, it’s true. So, why would any sensible person lucky enough to have attained that... Read more »
Outsourcing aspects of ongoing federal litigation may be the new way to effectively and fairly resolve complex litigation. Recently, litigants found themselves sparring in a complex, multi-jurisdictional antitrust case over important but outdated TV technology. The litigation expanded to so many parties (over fifty) and jurisdictions (US and overseas) that it threatened to make the... Read more »
Mediation calls for different skills from those of an arbitrator or a judge. The mediator is attempting to bring the parties together and find the common ground that leads to a resolution. Mediation skills resemble the skill sets that lawyers develop. Good lawyers have to be the advocates for their clients, but they also have... Read more »
Hon. Vaughn R. Walker with co-authors David C. Wheeler and Roy J. Jimenez published an article “THE PRIVATE JURY TRIAL OF A BUSINESS CASE” about using a jury in a confidential, binding business arbitration. Vaughn Walker, a FedArb panelist, writes about the lessons of a jury trial in the context of private arbitration, including the... Read more »
"Leaving a Federal judicial position is not an easy decision. It’s a very good job with interesting responsibilities, unrivaled job security, and the opportunity to have a hand in sometimes important matters in society or the economy. After 21 years, however, I decided that I had seen the full range of cases I was going... Read more »
It’s helpful to have the background of having been on the bench in three respects: You have some basis for credibility when you state to the parties what you think the likely outcome is going to be in court. Chances are, you’ve heard that argument or something similar, and have seen how juries have reacted.... Read more »
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