Strong – Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses

You know that Stacie Strong is one of the most prolific authors in the field and that she is now in Australia.  You may not know, however, that she has a great new book giving the results of a huge empirical project, an in-depth analyses across the judicial-arbitral, national-international and common law-civil law divides, using … Continue reading Strong – Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses

Reynolds on the Listening Dilemma

Just following up on a previous post: My new article, “Talking About Abortion (Listening Optional),” published in the Texas A&M Law Review, is now available on SSRN. Abstract: Whether we can expect others to listen—and whether we choose to listen to others—have become central challenges in handling conflicts around polarized and high-profile political matters. For … Continue reading Reynolds on the Listening Dilemma

Ideas for Teaching Mediation and Negotiation

Imagine that you just stared into the neuralyzer in Men in Black.  It wiped out all your memory of the traditional bundled of models of mediation and negotiation.  You know – facilitative and evaluative mediation, interest-based and positional negotiation, etc. etc.  The neuralyzer also vaporized all references to them in texts and teaching materials. You’re … Continue reading Ideas for Teaching Mediation and Negotiation

ADR Scholarship Projects- Winter 2020 Edition

Thanks to AFOI Peter Reilly (Texas A&M) for gathering this great list of ADR Scholarship Projects our community of scholars worked on recently/is working on as of December 2020: Hal Abramson (Touro Law Center): Beyond the Courtroom-Resolving Disputes Through Agreement (published in November). This book is a selection of my articles over my academic career, so far, … Continue reading ADR Scholarship Projects- Winter 2020 Edition

Link for Ohio State Symposium on the Role of ADR in Disputes Involving Gender-Based Violence

Our Ohio State Journal on Dispute Resolution hosted a terrific online symposium titled, “A Conversation about the Role of ADR in Resolving Issues of Gender-Based Violence.” Over 300 people were in attendance for most of the day. If you’d like to watch any of the proceedings, here are the links: Morning panel: https://www.youtube.com/watch?v=O-ZP2VRejSw&feature=youtu.be&ab_channel=TheOhioStateUniversityMoritzCollegeofLaw Afternoon panel: … Continue reading Link for Ohio State Symposium on the Role of ADR in Disputes Involving Gender-Based Violence

LIRA Videos Out the Wazoo!!

Everyone knows that lawyers should carefully assess their cases at the earliest appropriate time.  In cases that are or might be litigated, lawyers often focus primarily or exclusively on estimating the expected court outcome (aka the BATNA value). The LIRA book provides guidance for more thorough and systematic case assessments, including values for tangible costs … Continue reading LIRA Videos Out the Wazoo!!

LIRA in Criminal Cases

The LIRA book – Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions – focuses on civil litigation.  It describes three elements that practitioners and parties should consider when assessing litigation interests and risks: (1) the expected court outcome, (2) future tangible costs of continuing to litigate, and (3) future intangible costs … Continue reading LIRA in Criminal Cases

Inter-School Negotiation Practicum for the Spring

From FFOI Debra Berman: As you begin to prepare for the spring semester, please consider incorporating our Inter-School Negotiation Practicum. Over the last year, more than 1,000 students from 31 schools have participated and we are gearing up to do it again this spring.  Please note that this is not a “competition.”  Rather, it is … Continue reading Inter-School Negotiation Practicum for the Spring