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 →

I just returned from a fabulous weekend in Hong Kong (and yes, I would suggest staying longer next time.)  Nadja Alexander, Jim Coben, and Chris Honeyman put together a really diverse and interesting group of people to discuss Modern Negotiation and Ancient Wisdom.  The articles coming out of the conference will form the next issue … Continue reading Tan Pan Symposium →

We had New York Times journalist Tina Rosenberg visit the law school this week in honor of the ABA’s Mediation Week and she was fascinating.  First, she is a recipient of the MacArthur “genius” grant which she used to travel to South America and lived there for several years.  Second, she won a Pulitzer Prize for her … Continue reading Solutions Lawyering? →

From FOI Natalie Fleury, here’s a great case arguing for good behavior in mediation: During a shuttle mediation addressing alleged sexual discrimination, the charging party (and at-the-time current A.B. Data employee), Michael Benes, broke into the room where his employer’s representatives were situated and stated “You can take your proposal and shove it ** **** *** … Continue reading Mediation Misbehavior Not Protected →

From RSI and FOI, Susan Yates, a few more job postings looking for foreclosure mediation program coordinators in three different counties in Illinois–full information about the jobs are located here.  Good luck!!

We hope that you are enjoying your last gasps of summer, kicking the kids out of the house and into school, and ready to teach/practice/work!  A few of us will be sharing a bit from our summer break including what we read, what we wrote, and what we are going to be adding to our … Continue reading What I Did on My Summer Vacation… →