Berkeley researchers have found new tests that can better predict success in the practice of law than the LSAT. Not suprisingly to those of us in the dispute resolution field, the skills missed by the LSAT but needed for successful practice include creativity, negotiation, and problem-solving. Berkeley law professor Marjorie Shultz and Berkeley psychology professor Sheldon … Continue reading Negotiation Skills on the LSAT?
Once again, Marquette is hosting a yummy party at the AALS meeting. The invitation and RSVP link is below. Looking forward to seeing you there! You are invited to a reception with Marquette law faculty attending the AALS Meeting in San Diego.January 9, 2009 9:00 p.m. – 11:30 p.m. San Diego Marriott Hotel … Continue reading Marquette Margarita Party
As I am finishing up the semester teaching dispute resolution and focusing on arbitration, we’ve been having lots of fun in class finding mandatory arbitration clauses in our life–credit cards, cell phones, apartment leases, etc. My favorite clause to teach is from Gateway computers which used to have a clause requiring arbitration under the International … Continue reading Mandatory Arbitration Limits?
So…if no one knew when you lied, would you do it? Would you lie to save money? Would you lie to save your client money? Would it matter the amount of money? I have often taught negotiation ethics using Richard Shell’s division of behavior–the idealists, the pragmatists and the poker-players. The poker players assume that … Continue reading As Honest As We Like to Think We Are
I attended a conference at NYU two weeks ago as part of NYU’s Journal of International Law & Politics symposium on the “Normalization of Adjudication in Complex International Governance Regimes.” Invited to bring a little dispute resolution to this otherwise complete adjudicatory focus, it was very interesting to think about what the “normalization” of international courts and … Continue reading Dispute Resolution and the Normalization of International Adjudication
I am linking here to a great post from Vicky Pynchon on how her mediation training helped her when she was canvassing for Barack Obama on Monday in Nevada. It is truly lovely–great story and great lessons. What did I learn on the campaign trail? Other than breaking a lifetime phobia of the cold call … Continue reading What mediation can teach you for the campaign trail
Perhaps the most amazing development in US history occurred when George Washington refused to become king, and peacefully handed over power to John Adams. The concept that power will be voluntarily (or at least peacefully) handed over to someone who believes in completely different values and ideals than the current political leader is still so … Continue reading Go Vote–It’s a Wonderful Dispute Resolution Process
At the Works-in-Progress conference this past week at Arizona State University (great job Art!), I had the pleasure of hearing from Professor Scott Hughes on his latest work on mirror neurons. I have blogged about mirror neurons before and the impact on people. It explains things from why Harley rides are pleasurable to why Starbucks runs smoothly. Scott … Continue reading Mirror Neurons & Mediation Advice
With the onslaught of email and texting, it’s not surprising that more and more negotiation is being conducted by email. Two interesting recent pieces from the blogosphere had some advice on this. First, you should not actually be conducting negotiation over the email according to Vicky Pynchon at Settle It Now. Scientific American just published a … Continue reading Email Negotiation Advice
The best part about politics, and particularly presidential elections, is that each news story or political ad demonstrates the well-known negotiation theory of confirming evidence. In other words, we only believe data that confirms what we already think. And, watching the debate last night or listening to the political commentary afterwards probably confirmed for you … Continue reading Talking to Your Own People
