After being part of the panel at the AALS meeting that declared class arbitration dead, Jean Sternlight from UNLV contributes a guest post about the NLRB’s declaration that “they’re not dead yet.” In all seriousness, the discussion on the future of arbitration was fantastic. Thanks to Jean and all of the other presenters, and congratulations to Jen … Continue reading NLRB Bars Class Action Waivers in Labor and Employment Cases
Sometimes adjectives that can be used just about anywhere don’t always work. To be clear, the F-Bomb is featured prominently in the link, so if that’s a problem at your office, hit the link from home. Hat tip: Gawker
Below is a reminder from AALS ADR Section Chair-Elect Ron Aronovsky to attend the section’s program at the AALS meetings in DC later this week. Thanks to Ron for putting together a great program and for prompting this post. On Saturday, January 7, 2012, the AALS ADR Section will host a program at the AALS Annual Meeting … Continue reading AALS Conference – See You in DC
Just before the holidays the US Department of Justice Civil Rights Division concluded a 3 year investigation into America’s Toughest Sheriff, Maricopa County’s (the Phoenix metro) Sheriff Joe Arpaio. The investigation found discriminatory policing against Latinos, discriminatory jail practices against Latinos, a general culture of bias against Latinos in the Sheriff’s Office, and a practice of retaliatory … Continue reading Owen Fiss and Sherriff Joe Arpaio – “Against Settlement”
Friday’s scholarship roundtable at Wash U was great, and I hope you enjoyed the nearly live blogging. It’s always a good time to talk about good papers to help make them better, to catch up w/ folks in the field, and to meet some new people. I know that the comments I received will make … Continue reading New Directions in Negotiation and ADR – reflections
Finishing up on the Wash U ADR roundtable, here is the discussion surrounding John’s paper. Not surprisingly John states that our teaching goal is teach students to negotiate effectively. One criticism he has of the current method is that we tend to focus on negotiating w/ counterparts on the “ultimate” negotiation that is limited to … Continue reading John Lande (Missouri) – Teaching Students to Negotiate Like a Lawyer
This is out of context and in no particular order: Caucus is the refuge of cowards there are no ideological virgins I know we’re talking about author X’s paper, but I really want to comment about author Y’s paper instead Immediately afterwards from Author X – I want to comment on author Y’s paper too. … Continue reading Overheard at Wash U’s New Directions in ADR and Negotiation program
When writing her text books w/ co-authors, Andrea found that the headings and labels used in writing the book created confusion and disagreements. Labels hide the reality of what negotiators do, what they need to do in order to be effective. Many different labels overlap or describe or the same thing. But behaviors and skills … Continue reading Andrea Schneider (Marquette) – Labels Suck, er ah, Stink
How to negotiate durable agreements. People can want to change but may be committed to things that keep that change from happening. This is because interests are context dependent. Look at the following literatures: miswanting literature – we don’t really know what we always want, altruistic negotiation literature – somebody has to bite the bullet … Continue reading Jen Reynolds (Oregon) – How Commitments Shape Interests
Jim and Stephan are creating a human rights / conflict resolution clinic at Stanford and looking at how best to merge these two fields. Here’s a list of the skills they want as part of the pedagogy for their clinic Basic human rights & conflict resolution technology Critical analysis Stakeholder mapping – interviewing Fact finding … Continue reading Jim Cavallaro/Stephan Sonnenberg (Stanford) – Bringing Conflict Resolution Strategies to Human Rights Clinics
