Professor Russell Korobkin from UCLA gave an interesting talk at the AALS DR Section Works-in-Progress Conference a couple of weeks ago. His talk, Against Integrative Bargaining, was interesting and certainly caught the attention of everyone at the conference. His basic thesis was simple: Integrative Bargaining (or problem-solving negotiation or interest based negotiation) is oversold. Looking … Continue reading Against Integrative Bargaining
Is one’s bottom line (or reservation price or walk away point) in negotiation a material fact under Rule 4.1? If so, why is that? I’ve been wrestling with these two questions in a piece I’m writing on attorney negotiation ethics (thanks to those who gave me feedback on the article at the AALS Works-in-Progress conference … Continue reading One’s Bottom Line – A Material Fact under Rule 4.1?
Everyone in the mediation community needs to know the story of Gary Karpin, a disbarred lawyer from Vermont who moved to Arizona and started advertising his services as a divorce mediator. Karpin made a habit of striking up romantic relationships with isolated, lonely, and vulnerable women in order to swindle them out of lots of money. In … Continue reading Con Man Posing as a Mediator Convicted of Fraud and Theft
The winners of the ABA’s 2008 James B. Boskey Dispute Resolution Essay Competition for Law Students were recently announced, and awards the winners are [drum roll please]: First prize went to Adam Gregg from Drake University School of Law for his paper entitled Contractual Expansion of the Scope of Judicial Review After Hall Street: … Continue reading 2008 Boskey Essay Competition Winners Announced
The comic strip Non Sequitur has had several good mediation related cartoons, and this one from last week continues that tradition. Enjoy.
Like many of you, I’ve been following the current financial crisis and the discussions of the $700 billion to $1 trillion bailout proposed by the Bush administration. I don’t claim to be an expert in the matters of finance and Wall Street, and I hope those who are knowledgeable on these issues will be able … Continue reading The Proposed Bailout as a Negotiation Lesson
On Friday I had the opportunity to hear U.S. Magistrate Judge Wayne D. Brazil deliver the James D. Ellis Lecture at the University of Missouri School of Law. Judge Brazil is well known in ADR circles as one of the (if not the) most pro-ADR jurists in the country. His talk was an interesting retrospective of … Continue reading Judge Wayne D. Brazil’s Comments on Court-Connected ADR
Because of multiple requests, we are going to extend the submission deadline for AALS Dispute Resolution Works-in-Progress conference. The original deadline was today at noon, but it is now extended to Monday September 15th at 6pm Pacific time. The conference itself is scheduled for Friday (all day) and Saturday (morning), October 24th and 25th at … Continue reading Another Deadline Extended – AALS DR Section WIP Conference
Consider this note to be a last second reminder that the deadline for submitting a presentation proposal for the ABA Dispute Resolution Conference in New York City in April is looming. Originally the submission deadline was tomorrow September 5th, but it has been extended to Thursday September 11th. To make a submission go to … Continue reading ABA Dispute Resolution Conference Proposals
If you are a regular reader of this blog, you may have noticed a new name listed in the contributors column on the left hand portion of the screen. My name is Art Hinshaw and I’m a Clinical Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University where I act … Continue reading An Introduction . . . .