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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘lawyers’

E-Discovery Mediation and Litigation Planning

Heather Scheiwe Kulp, April 30th, 2012

Welcome Jennifer LaDuke, RSI’s guest blogger, writing about her experiences at a recent e-Discovery mediation training.

As an attorney shifting her career toward mediation, I am always on the lookout for training opportunities to further my skill set and knowledge base. I have previous experience with litigation and electronically-stored information, including participating in a half-dozen large-scale cases where tens of thousands of electronic documents had to be reviewed, tagged, and logged. So, I was thrilled to link my interest in mediation and my previous experience by attending a recent two-day training program offered by the American College of e-Neutrals on the use of mediation to (more…)

Top Ten Court ADR Developments in 2011, Trends for 2012

Heather Scheiwe Kulp, January 10th, 2012

The beginning of the year always prompts reflection and re-dedication to self-improvement. While we at RSI can’t promise you we’ll take our vitamins every day in the new year, we do pledge to continue bringing you expert resources about court ADR, including quality blog posts about of-the-moment ADR issues.  Let’s start 2012 with a look back at the top court ADR stories in 2011, grouped by theme. Jen Shack, Jessica Glowinski and Heather Scheiwe Kulp have also made a few predictions for the hot topics of 2012. Do you agree? Any to add?

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Lawyers Overconfident about Outcomes

Susan M. Yates, May 24th, 2010

An interesting study written up in Psychology, Public Policy, and Law found that lawyers are not good at predicting case outcomes. They tend to be overconfident in predicting how cases will turn out and, even when considering how their cases went in retrospect, they think they turned out better than they did.

Lawyer overconfidence may not seem like news, but whether lawyers have an accurate sense of how their cases will turn out determines how they handle the case, what resources are used, and eventually how satisfied their clients are with their lawyers and the judicial system. So, while it is not news, the question of what to do about it is worth considering.

Interestingly, this propensity to be overconfident does not vary based on years of experience of the lawyer. (more…)