Generative AI in Mediation: Ethical Considerations
by Andrew Flake
The pace of development of GenAI, powered by vast amounts of energy and chips specially configured to support the huge amounts of data they analyze, has been astounding. These technologies are already reshaping the way dispute resolution professionals approach dispute resolution, offering new potential...
Georgia Court of Appeals Takes a Pass on “Functus Officio” as State Common Law
by Andrew Flake
A neighbor of mine, who loves to cook, recently showed me what looked like a small handheld blowtorch. He clicked a trigger, firing up a flame like a tiny jet engine, and proudly sharing that he could now melt and caramelize sugar, in order...
Utilizing the Special Master
by Andrew Flake
We've read recently, in the highly-charged political context of a dispute between the national records administration and the former president, of the role a special master has played. Because how the court-appointed experts fit into litigation is...
On Appeal of FINRA Arbitration Award, Investors Out of Money and Out of Luck
by Andrew Flake
Especially on appeal, courts are selective about which facts to include in opinions. For reasons both of style and precedential value, they may omit facts, even ones the lawyers might consider crucial.
Control over Time in Business Mediation
by Andrew Flake
When we think about "successful" mediations, it is often about a financial bottom-line: what was demanded; what was paid; what potential jury verdict was avoided. The dollar-recovery can certainly be measured, and the trial exposure, especially...