All posts by art hinshaw

Owen Fiss and Sherriff Joe Arpaio – “Against Settlement”

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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” →

John Lande (Missouri) – Teaching Students to Negotiate Like a Lawyer

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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 →

Overheard at Wash U’s New Directions in ADR and Negotiation program

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 →

Andrea Schneider (Marquette) – Labels Suck, er ah, Stink

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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 →

Jen Reynolds (Oregon) – How Commitments Shape Interests

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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 Cavallaro/Stephan Sonnenberg (Stanford) – Bringing Conflict Resolution Strategies to Human Rights Clinics

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 →

Mike Geigerman (Wash U Adjunct) – Pre-Mediation Caucusing

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The more intense the conflict, the more need for pre-mediation caucusing because the novice in the room is the driver of how fast or far along.  Other than abuse or high intense conflict cases are the only indicators that pre-caucusing mediation is needed – otherwise there’s a need for investigation.  He’s not a proponent of … Continue reading Mike Geigerman (Wash U Adjunct) – Pre-Mediation Caucusing →

Bobbi McAdoo/Sharon Press (Hamline) – Problem-Solving in the 1st Year Curriculum

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At Hamline Bobbi and Sharon (and others) have developed a new 1st year course called Practice, Problem-Solving and Professionalism and their paper describes their experiences teaching the first iteration of the course last year.  In gathering information, they found that thinking about this as outside of “ADR.”   Thus there should be something that all students … Continue reading Bobbi McAdoo/Sharon Press (Hamline) – Problem-Solving in the 1st Year Curriculum →

Jennifer Brown (Quinnipiac) – Practicing Empathy in Values-Based Negotiation Role Plays

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Jennifer’s work on empathy is fantastic and she continues that line of schlolarship w/  the piece.  Essentially she says that when addressing value-based problems, empathy is critical.  The paper discusses how to teach empathy (yes, it can be done).  Jen in conjunction with Larry Susskind have developed roleplays doing this (available at the Harvard PON) … Continue reading Jennifer Brown (Quinnipiac) – Practicing Empathy in Values-Based Negotiation Role Plays →