A few weeks ago, the weekly Torah portion to be read in synagogues across the country dealt with the story of Jacob & Esau. Most of us know this story as a tale of deception—Rachel & Jacob plotting to fool Isaac into giving the eldest son’s blessing (which should have gone to Esau) instead to … Continue reading The Season of Brotherly Love
You would think that negotiation professors would be among the best at picking and choosing their times to negotiate, right? We prepare, analyze our BATNA, come up with good options, set the mood, work on the relationship, order in food, and get set to have a wonderful collaborative experience. We also know when to avoid … Continue reading Black Friday and Avoiding Negotiation
Strikes that get played out in the news are interesting public displays of negotiation positions that we are often not privy to otherwise. In the strike of the Writers Guild of America, their position, as expressed in the New York Times by Damon Lindeloff (the co-creator and head writer for the television series Lost) is … Continue reading Missing Jon Stewart and What the Writer’s Guild Strike Has to do with Negotiation
I am appointments chair for the second year in a row (aah!) and, after returning from Washington DC last week and starting the process of making further decisions, have been focusing just a bit on the character of any new faculty that we would bring on. It reminded me of two great books that I … Continue reading Nice is Not a Four Letter Word
The parties in Hall Street argued their case on November 7, 2007. While the argument was difficult to follow, I thought I could discern some of the justices’ points of view. Chief Justice Roberts suggested that when parties agree to expand judicial review of arbitration awards, they take themselves outside the scope of the Federal … Continue reading Hall Street v. Mattel Oral Argument Yesterday by Sarah Cole
Hall St. Assocs., L.L.C. v. Mattel, Inc., 196 F. App’x 476 (9th Cir. 2006), cert. granted, 127 S. Ct. 2875 (May 29, 2007) Argument: November 7, 2007 By Sarah Cole Listen to the Podcast Issue: Whether the Federal Arbitration Act (“FAA”) prohibits federal courts from enforcing “a post-dispute agreement to review an arbitration award for … Continue reading Argument this Week in Hall Street Associates v. Mattel
As the Dispute Resolution Works in Progress Conference wrapped up Saturday, October 20, one of the attendees commented with great feeling on how truly special the opportunity to meet and exchange ideas had been. She and another colleague were seated at the end of a table, taking advantage of later flights to work together on … Continue reading Works in Progress Conference Wrap Up
North Korea’s agreement to dismantle its nuclear program appears to be a stunning success of diplomacy. The six party talks appear to have brought the right actors to the table that can offer both carrots and sticks. Our $100 million in aid (1/3 of total package) seems like a bargain. Could it be that this … Continue reading Diplomacy as Catastrophe? Or is it a BOBO—the Best of Bad Options…
Ironically, I was reading the latest articles in the Journal of Personality and Social Psychology relevant to negotiation when I heard about Ann Coulter’s diatribe last week regarding her “perfect world” in which everyone would be Christian. When challenged as to whether she actually meant this, she held fast, arguing that Christianity is like “Federal … Continue reading Why I Want to Negotiate with Ann Coulter
On the day that the Foreign Relations Committee voted to call the Armenian genocide a “genocide”, it is perhaps even more fitting to talk about restorative justice and human rights. As promised last week, I wanted to report on Carrie Menkel-Meadow’s talk at Marquette. Carrie’s talk was entitled Cultural Variations in Restorative Justice: Case Studies … Continue reading Restorative Justice–Both Pursuing Justice and Repairing the Harm
