Welcome (back) to our new look at Indisputably.org. On behalf of all of us, I want to wish you a Happy New Year and start of the spring semester. We are redesigning our blog with the new year and looking forward to your feedback and participation. We launched this blog in September, 2007 with the … Continue reading Our New Look At Indisputably →

I wanted to share another favorite end-of-semester teaching tool as we are winding down the semester.  Last year I wrote about negotiation recipes for success (post here) and shared examples of a negotiation cookbook from other teachers. So I wanted to share some of my favorite examples from students as examples of how well this works … Continue reading End of Semester Teaching Tools →

We have started the last week of classes in ADR this week and usually, at this time in the semester, I turn to the overarching subject of how to counsel clients when choosing among different dispute resolution processes.  I divide the class into small groups and ask them to pick a situation of mass harm–Katrina, … Continue reading Talking about Ferguson →

Under the heading of hard bargaining tactics gone bad (and bad lawyer advice), we can now add this story.  When a group of eight faculty members at the General Theological Seminary in Manhattan decided to stop working in order to protest their newly hired dean and president, Rev. Kurt H. Dunkle, all purgatory broke loose. Under … Continue reading Peace Be With You…And With You? →

With no one to edit my language here :-), let’s call a spade a spade.  My thanks to John and Art for starting a really interesting conversation about puffery.  Teaching both ethics and negotiation, the crossroads of “puffing” in negotiation is something that I get to talk about twice.  And it drives me crazy.  It’s … Continue reading Puffing Sucks →

In class earlier this week, we rebooted the idea of the prisoner’s dilemma as previously portrayed on The Bachelor Pad (discussed on the Freakonomics Blog and four years ago on this site). This time, the conversation revolved around a British game show called Golden Balls that was very popular several years ago. I can only … Continue reading Prisoner’s Dilemma Game Show →

After yesterday’s diverted flight in which a United plane had to land over a dispute regarding someone’s right to recline their seat, I think I see a business opportunity for dispute resolution.  Josh Barro for The Uphot in the New York Times argues that if he is expected to give up his right to recline, … Continue reading Negotiating the Recline Function on your Airline Seat →

As promised Wednesday, I wanted to post about the very interesting discussion panel on mandatory arbitration put together by Hiro Aragaki and Andrea Doneff at SEALS.The format, as I mentioned, was a roundtable in which each person presented their paper briefly and then we had plenty of time for comments, questions, suggestions, and even thinking … Continue reading The Latest Thinking on Mandatory Arbitration →

Sarah Cole can clean you off the tennis court–here’s talking to you Michael Moffitt… Okay, now that I have your attention, let’s turn to how I know this. I am attending SEALS for the first time and I want to start by saying–wow–I should have been going to this all along! Great location, much fun, … Continue reading Live Blog from SEALS →

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 →