A quick note that Harvard Law Review just published a note this month entitled Mediation of Investor-State Conflicts (Harvard Law Review, June 2014).  It’s very exciting to see this concept hitting the mainstream and the timing is good.  As the current litigation between Argentina and its unhappy bond holders demonstrates, alternate processes between states and their investors … Continue reading Mediating International Investment Disputes →

Dear all, as I just sent out to our listserve as well, it is time to remind you of the Boskey Competition for three reasons–(a) I need your students to submit essays;  (b) you might be right now in the midst of grading the next competition winner as we speak! and (c) we need judges … Continue reading Boskey Writing Competition →

At a gathering of negotiation teachers held at Marquette late last year, we conducted an exercise which demonstrated wonderfully many different outlooks on negotiation, in a short time and a creative way. We asked all participants to write out their own definition of negotiation effectiveness – in the form of a recipe, relating to ingredients … Continue reading Just what we’ve all been waiting for: A negotiation cookbook! →

From Bryan Hanson at the Werner Institute, below is a very interesting opportunity for our students:   Calling all Conflict Specialists newly entering the field  The Association for Conflict Resolutionis announcing the ACR “NEW VOICES- Emerging Professionals” Juried selection for featured presentation at the 2014 ACR Annual Conference Exciting New Feature of the Conference The … Continue reading ACR New Voices Competition →

Hi all–as many of you know, the ABA Section on Dispute Resolution conducted a survey last year of its lawyer members and the results are in!  The report by Gina Brown and myself can be found here.  Our abstract is below: This report to the ABA Section on Dispute Resolution outlines the results of a … Continue reading ABA DR Section Survey on Gender Differences →

I am delighted to share a new article from Donna Shestwosky and look forward to reading her findings! NEW STUDY REVEALS HOW PEOPLE WANT THEIR LAWSUITS RESOLVED As court systems throughout the country struggle to deliver civil justice in the face of budget cuts, a new study by a UC Davis law professor finds that … Continue reading Shestowsky on Litigation Preferences →

Today’s report from Human Rights Watch and the ensuing uproar over prosecutor behavior is just the latest attack on a negotiation system that is fundamentally flawed.  Human Rights Watch report here and New York Times coverage here  When I studied how lawyers in general negotiate and then assessed the behavior in criminal cases (Cooperating or Caving In: … Continue reading Plea Bargaining and the Trial Penalty →

To follow up on an offer we made at the Works-in-Progress conference, particularly for new scholars, here is an introduction to Lauren Newell, a new professor at Ohio Northern University.  Her paper that she presented at the conference was terrific and I am very much looking forward to the research.  Here is how she describes … Continue reading WIP Papers–Hunger Games →

I have been reeling recently with the latest, almost comical, memo that was sent to female Clifford Chance associates at the end of last month entitled “Presentation Tips for Women.”  While some of the advice could be useful to all associates (rehearse, prep your opening, etc.), the majority of these tips are just offensive, particularly as … Continue reading Speechless–and then a great speech →