6 PerspectivesDecember 31, 2009
Yesterday I got to spend a little time with Michael Maslanka, whose Blawg 100-listed Work Matters site many of you might know. As Mike and I shared ideas and perspectives on Web 2.0, blogging in general, and the true sense of community that drives it all, I reflected a bit on 2009 and the people and personalities that make Settlement Perspectives what it is.
While that first post of 2009 seems like only yesterday, a lot has happened since then. Through it all many of you have subscribed to, commented on and forwarded the posts you have seen here, and for that I cannot thank you enough.
In addition to the active readership we have at Settlement Perspectives, several prominent bloggers and publications have linked to our posts. Following up on a great idea I saw earlier this week on the Loree Reinsurance and Arbitration Law Forum, I take this opportunity to highlight many of those blogs and publications as a way to say “thank you”.
Decision Tree Analysis And More
Early in the year we did a series on decision trees and how to use them more effectively in mediation and litigation. The series generated some interesting discussions, including:
- The National Law Journal’s “Corporate Warfare Has to Make Business Sense These Days”, written by Michael Cavendish — a business litigator who knows what questions to ask and who understands where the practice of law is headed;
- Litigation Accounting for In-House Counsel at the IP ADR Blog, now Commercial ADR – Commercial Solutions to Justice Problems, which is a new initiative from talented trainer and mediator Victoria Pynchon;
- Diane Levin’s post A round-up of must-read articles for professional mediators, which highlighted Decision Tree Analysis in Litigation: The Basics at her ever-insightful Mediation Channel blog;
- The Strategic Mediator’s article Mediation Preparation – Don’t Forget Your Decision Tree, which focused on Settlement Perspectives’ two-part interview with Marc B. Victor, who pioneered the application of Decision Tree Analysis to litigation in the 1970s; and
- Strategic Legal Technology’s The Inhouse Perspective on Litigation Risk Analysis and Decision Trees, which also highlighted our discussion of mediation mind maps.
Early Case Assessment
ECAs are always a popular topic, and this year was no exception. Notable discussions included:
- Clearwell Systems’ article How to Reduce Electronic Discovery Costs Part III: Early Case Assessment, which underscores the point that “early case assessment is a different approach to litigation”;
- Settle It Now’s article Best Early Case Assessment Practices;
- Don Philbin’s new ADR Highlight Reel, which recently linked to our latest post on the ECA Toolkit; and
- John Lassey’s interesting post on Impasse at Mediation Stuff.
Blogging and Web 2.0
I may be a bit behind the curve on Web 2.0, but it’s clear we’re all learning together. The conversation has recently included:
- InsideCounsel’s “Using Web 2.0 to Advance Your Career”, which we followed up with In-House Legal Blogs, Social Media and Web 2.0: Can They Advance Your Career?;
- Settle It Now’s Developing Your Business Without Spending a Dime — which includes marketing tips from one of the best in the business;
- Diane Levin’s Recommended reading: 24 alternative dispute resolution blogs to follow, which kindly listed Settlement Perspectives among some great ADR blogs out there, as well as Only Connect: The Impact of Blogging on ADR in the ABA’s Dispute Resolution Magazine and Diane’s World Directory of ADR Blogs, which is a longstanding public service to the ADR community;
- The Strategic Mediator’s Blogging – Have You Gone There Yet? by Sandra Upchurch, whose “soccer mom” post on competing perspectives highlights how everyday lessons can be used effectively in mediation; and
- Strong Connections, a post on the Settlement Perspectives Newsletter by my friends at Unit Interactive.
Late in the year we joined the discussion on insurance coverage from the policyholder’s perspective. Follow-up included:
- Stephen Goldberg’s impressive Catastrophic Insruance Coverage Blog and “Common Sense Sometimes Wins the Day”;
- Victoria Pynchon’s Commercial ADR – Commercial Solutions to Justice Problems, which cited Insurance Coverage: 4 Rules and 10 Tips for Policyholders in her post An insurance coverage negotiation case story; and
- Philip J. Loree, Jr.’s recent post Some Helpful Rules and Tips for Policyholders and Cedents Courtesy of Settlement Perspectives at Loree Reinsurance and Arbitration Law Forum.
Other Topics and Sites
- Our friends at Mediate.com continue to list and promote Settlement Perspectives on their Featured Blogs Page — with an area dedicated to our posts here;
- Jeffrey Krivis and Mariam Zadeh at First Mediation did a great post on The Confidential Listener Technique, which expanded on the blind bidding enhancement concept we discussed early in the year;
- Christopher Annunziata at CKA Mediation & Arbitration wrote Exchange Your Bottom Line Blindly? in an effort to further explore the blind bidding enhancement concept;
- Settle It Now furthered the conversation about mediator’s proposals in Mediator’s Proposals: the Good, the Bad and the Ugly;
- Legal OnRamp continues to feature Settlement Perspectives and other legal blogs;
- Keith Jones’ article The “Judicial Hellhole” Label and Managing Expectations at Mediating Certainty elaborated on managing expectations in an important context;
- Our friends at the Commercial and Industry Arbitration and Mediation Group on LinkedIn, and
- Philip J. Loree, Jr.’s post with the great idea for this one — Acknowledging Some Kind Mentions from Our Fellow Bloggers — deserves a second mention.
As 2009 comes to an end, I will close as we began. Thank you, and Happy New Year.