Thomas P Valenti Dispute Resolution Office

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.

04/17/2026

Are law firms sacrificing long-term expertise for short-term gains?

04/08/2026

"The beauty of arbitration is that the power to fashion the process is in the hands of the parties. They should use that power—whether at the drafting stage or by mutual consent once a dispute arises—to obtain all the advantages of a process tailored to the unique features of their dispute and the needs of the parties. A motion for reconsideration is a powerful solution to a problem that has bedeviled the arbitration process. Parties should consider using it."

Imagine that you are a pilot, physician, lawyer, accountant, engineer, military commander, plumber, teacher, or anyone whose job is to make decisions…

03/24/2026

The real lesson from these findings is not about technology. It is about intention.

If we want lawyers who can exercise judgment, we have to teach judgment. That means explaining tradeoffs, modeling reasoning, and connecting legal analysis to real-world consequences. AI can help with that, but only if we stop using it as an answer machine.

Students improved fastest when the AI articulated the reasoning path, not just the destination.

03/18/2026

As lawyers, we inevitably live and breathe these types of conflicts. I do have good news for you, though. Not all conflict is bad.