Thomas P Valenti Dispute Resolution Office

06/10/2026

This essay opens “Words Need Time to Dry,” a series about technology, communication, and the old pauses that may still have something to…

06/10/2026

Arbitration clauses are often treated as boilerplate: negotiated late and rarely revisited once the commercial terms are agreed. But in practice they…

06/05/2026

The Second Circuit held that "not every self-declared 'arbitration agreement' . . . is embraced by the FAA's mandate," and that the FAA's mandate "is limited to the enforcement of actual 'arbitration agreements.'" Before asking whether the FAA required enforcement, the court asked whether the provision qualified as one. By posing the question at the structural threshold, the court held that the strong federal presumption favoring arbitration did not attach, because the FAA's mandate is limited to actual "arbitration agreements" and the provision at issue did not qualify. On that threshold question, the court answered no, holding that a provision giving one party's executive "full, complete, and final jurisdiction and authority to arbitrate" fails to provide the structural predicates the FAA presupposes — namely, an independent arbitral forum for bilateral dispute resolution, and a procedure fixed by contract rather than left to the unilateral discretion of one party's executive.

The sports industry is experiencing unprecedented growth and investment. This trend is driven by changing regulations relating to ownership in…

05/27/2026

"In-house teams repeatedly described drafting first not to save money, but to control scope. Firms were then asked to refine, pressure test, and execute, not to invent from scratch."

In modern litigation, that first move is increasingly made in-house.

05/17/2026

"Though brief in length, both works leave a lasting impression because they address something many of us encounter every day: people speaking confidently without much concern for what is actually true."

Harry Frankfurt’s * On Bu****it and On Truth are two small books that manage to tackle enormous questions about communication, honesty, and…

05/07/2026

negotiations, the anchoring effect occurs often, but goal setting can affect the end result. In a review of goal-setting research, negotiation scholars Deborah Zetik and Alice Stuhlmacher of DePaul University found that when negotiators set specific, challenging goals, they consistently outperform those who set lower or vague goals. "

Goal setting affects performance. In a review of goal-setting research, negotiation scholars Deborah Zetik and Alice Stuhlmacher of DePaul University found that when negotiators set specific, challenging goals, they consistently outperform those who set lower or vague goals.

04/28/2026

"Dispute assessment tools designed by arbitration institutions represent an innovative approach to dispute resolution."

The pressure to resolve international disputes faster and at lower cost has driven a significant shift in institutional thinking. Alongside formal arbitration and traditional ADR, a new mechanism has emerged: dispute assessment provided by arbitration institutions, offering parties an early, structu...

04/24/2026

"How can negotiators find leverage even when they appear to have no viable alternatives? The absence of a clear BATNA (best alternative to a negotiated agreement) doesn’t mean dealmakers are powerless; they can expand the concept of alternatives to include partial, temporary, and procedural options that can shift the negotiation dynamics. Creative approaches—such as identifying partial substitutes, looking for hidden strengths in your position, seeking tacit consent rather than explicit approval, reframing threats as warnings, and appealing to fairness—can help you gain leverage and achieve better outcomes, even when facing seemingly one-sided dependency or “take it or leave it” ultimatums."

How can negotiators find leverage even when they appear to have no viable alternatives? The absence of a clear BATNA (best alternative to a negotiated agreement) doesn’t mean dealmakers are powerless; they can expand the concept of alternatives to include partial, temporary, and procedural options...

04/21/2026

"The Accusation Audit® requires that you think about the negative assumptions and impressions you suspect the other side has about you, your company, your message, and the circumstances—whether they’re sane, insane, fair, or unfair. It’s a method of seeking to understand before being understood, and it’s the fastest way to build rapport or trust."

An Accusation Audit is an approach to negotiation in which you voice the negatives likely harbored by your counterpart before they can. Learn how.