This post collects several videos about the litigation interest and risk assessment (LIRA) techniques described in the book that Michaela Keet, Heather Heavin, and I wrote about the subject. The videos may be of interest to academics, practitioners, and students.
Considering the challenges of synchronous instruction these days, faculty may want to assign some of these videos as asynchronous “guest lectures” and/or make-up assignments if students or faculty have to miss some classes.
I will add videos to this post as they are produced.
Litigation Interest and Risk Assessment. This is a brief background and summary of the book. Michaela Keet, Heather Heavin, John Lande. University of Saskatchewan College of Law. September 2019. 4 minutes.
Negotiation Models and Component Variables. This is a conversation with Michaela Keet about three “models” of negotiation (counteroffer, interest-and-option, and norm-based processes). More importantly, it focuses on component variables of the models including the parties’ goals, friendliness of the negotiators, communication process, source of norms, whether there is an effort to create or claim value, and the use of power. University of Saskatchewan College of Law. September 2019. 15 minutes.
How to Help Your Clients Make Good Decisions Using Litigation Interest and Assessment Techniques. This is a recording of a presentation at the ABA Section of Dispute Resolution Annual Conference. It includes a detailed summary of the book and conversation with members of the audience. Michaela Keet, Heather Heavin, John Lande. May 2020. 1 hour, 22 minutes.
Conversation with F. Peter Phillips. This is an in-depth discussion of issues related to LIRA techniques. New York Law School. June 2020. 53 minutes.
Conversation with Elayne Greenberg. This summarizes takeaways from the LIRA book as well as my earlier book, Lawyering with Planned Early Negotiation. St. John’s University School of Law. August 2020. 24 minutes (though the last four minutes are about my patented photography techniques).
Negotiation in the Shadow of Arbitration. This is a conversation with my Missouri colleague, Amy Schmitz, as part of her “Arbitration Conversations” series on Arbitrate.com. August 2020. 22 minutes.
Mediating with LIRA. Mediate.com University. $49. August 2020. 50 minutes.
Assessment in Dispute System Design and Legal Practice. This is a conversation with Rafael Gely for his Dispute System Design course. University of Missouri. September 2020. 45 minutes.
Working with Clients, Assessing BATNA Values, and Developing Bottom Lines. In Jim Lawrence’s and Brandon Schrecengost’s Negotiation course, I answered great questions from students. University of Houston. September 2020. 1 hour.
Southern District of New York Mediator Book Club Discussion of LIRA Book. This was a very lively conversation with experienced mediators about issues raised in the LIRA book. September 2020. 1 hour 25 minutes.
They Should Call It Negotiation School, Not Law School. Presentation for Becky Jacobs’s ADR Course. This discusses the hidden curriculum that mostly ignores clients and negotiation, and it provides a general introduction to negotiation with practical advice. University of Tennessee. The presentation goes over this powerpoint, which includes links for more detail and which you can distribute to students. September 2020. 39 minutes.
Example of Simple Framework for Estimating BATNA Values and Developing Bottom Lines. Presentation for Becky Jacobs’s ADR Course using a hypothetical tort case to illustrate calculations of BATNA values and bottom lines. September 2020. 18 minutes.
Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation. This links to a blog post summarizing Jeff’s excellent study of difficult mediations, including a link to the study and a video conversation about it. October 2020. 50 minutes.
Conversation About LIRA with Brazilian Study Group. This conversation with Amannda Rodrigues, Pedro Pires and Pedro Freitas in the Study Group on Mediation and Negotiation at the Pontifical Catholic University of Paraná (GEMNCast) covers various issues related to LIRA. October 2020. 63 minutes.
I will give some talks in the coming weeks. So take a break, procrastinate a bit, and participate in these conversations.
How to Combine “Positional” and “Interest-Based” Negotiation and “Facilitative” and “Evaluative” Mediation. University of California-Hastings Center for Negotiation and Dispute Resolution “Lunch and Learn” Series. October 28, noon PT, 1 MT, 2 CT, 3 ET.
They Should Call It Negotiation School, Not Law School. With Peter Robinson and Sukhsimran Singh. Pepperdine Caruso School of Law Straus Institute for Dispute Resolution. November 10, 1 PT, 2 MT, 3 CT, 4 ET.
Fox Valley Technical College Continuing Legal Education Conference. I will give the keynote, Getting Better Results for Clients in Negotiation (12:30 CT), and lead a breakout session, Challenges in Dealing with Clients and Counterpart Lawyers (1:45-2:45 CT) on November 13. There is a modest fee.
Helping Disputing Parties Make Decisions About What’s Really Important. Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College. December 3, 5:30 am PT, 6:30 MT, 7:30 CT, 8:30 ET. There will be a social hour for a half an hour before the program, which will last 90 minutes. I will provide the link to the program when it is available.