Don Philbin

Still Litigating Arbitration in the Fifth Circuit, But Less Often

Arbitration remains under national klieg lights. It has…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Decisional Errors - Why We Make Them and How to Address Them

Umpiring errors reached comic proportions in the recently completed World Series, highlighting the fact that people regularly make decisional errors. There are many reasons for this and a variety of dispute resolution processes…more
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Litigating Arbitration - A 2007 Texas Arbitration Review

Review of Texas arbitration cases for the term…more
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Fifth Circuit Survey Articles, Alternative Dispute Resolution

Review of arbitration cases in the Fifth Circuit for the term…more
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Alternative Dispute Resolution (TexTech Fifth Circuit Review 2008)

Annual review of ADR cases in the Fifth Circuit…more
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Comprehensive Trial Preparation Includes ADR Process Design - What Type of Mediator Best Fits This Case

If 98.4 percent of filed legal claims settle pre-trial,1 tailoring dispute resolution to the particulars of each case and casting the right players in key roles are as central to trial preparation as developing case themes…more
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The One Minute Manager Prepares for Mediation

We are often advised to prepare for negotiation, and scholars in many disciplines (law, economics, psychology, and others) have developed a rich mosaic cataloging dispute resolution processes. Debates rage about the role of…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

The Value of Economic Analysis in Preparing for Mediation, 63 DISPUTE RESOLUTION JOURNAL 49 (April 2008), reprinted in AAA HANDBOOK ON MEDIATION (2d 2010).

How economic analysis can help redirect attention from party positions to a more objective analysis based on component variables…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Business Torts

The Psychology of Bad Economic Decisions

If humans were completely rational and shared equal information, their legal decisions might resemble rational economic choices. But we know better than to assume that humans are completely rational and our experience with legal…more
| Alternative Dispute Resolution (ADR), Business Torts, Commercial Law & Contracts

Deal or No Deal - Or Perhaps a Better Deal - The Impact of Improved Information

Taking a lesson from a popular network television show, Donald R. Philbin Jr., of San Antonio, discusses closing a deal. He pinpoints issues when analyzing options and shows how to use a decision tree, as well as maximize the…more
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: Litigating Alternative Dispute Resolution in the Fifth Circuit

Annual review of ADR cases out of the Fifth Circuit…more
| Alternative Dispute Resolution (ADR)
Contact

P.O. Box 12367
San Antonio, TX 78212, United States


Areas of Practice
  • Alternative Dispute Resolution
  • Training & Education
  • Trial Consulting
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