By definition, the LIRA book, which provides a framework for litigation interest and risk assessment, focuses on litigation. This post describes how it can be adapted for transactional negotiation – transaction interest and risk assessment, or TIRA. Three Elements The LIRA framework consists of assessment of three elements: expected court outcome, future tangible costs of … Continue reading Transactional Interest and Risk Assessment
The New York Times published an important, timely article, 5 People Who Can Help You Strengthen Your Empathy Muscle. It summarizes advice of five people who have spent their lives studying, understanding and practicing empathy. Take a look. (Click the title of this post to get the link to the article.)
Jeff Trueman, an experienced Maryland mediator, wrote an excellent article about the challenges of lawyers, mediators, and insurance claims professionals in mediation. He interviewed subjects about their problems in mediation, and his study provided evidence of professionals behaving badly, very consistent with my post about BATNAs and the emotional pains of “positional negotiation.” He specifically … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
Donna Shestowsky recently gave a presentation to the CPR Mediation Committee about litigants’ knowledge of courts’ ADR options in their cases. She presented her research showing that litigants seem to be unaware of ADR options, and that knowing about some of these options – specifically, mediation – improves litigants’ opinions of the court itself. Shockingly, … Continue reading Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options
As part of my LIRA book tour, I gave talks entitled,“They Should Call It Negotiation School, Not Law School” for Becky Jacobs’s (Tennessee) ADR class and the UC-Davis’s King Hall Negotiation Teams student organization (thanks to Donna Shestowsky’s suggestion). The presentation points out that the vast majority of cases are negotiated, not litigated and certainly … Continue reading They Should Call It Negotiation School, Not Law School
From FPOI Peter Philips: We are pleased to announce the third series of this popular event. Every other Wednesday, New York Law School hosts informal discussions with leaders in the fields of conflict avoidance, management, and resolution. All sessions are free and will be held via Zoom. Please note the varying times of each program. … Continue reading Next Series of New York Law School Wednesday Conversations
One of the joys of being a teacher is seeing former students take what we have taught and then thrive in their work. We see it in all our newsletters trumpeting the achievements of our students and graduates. I mention this because my school just posted profiles of LLM graduates I taught: Cynthia Alkon, Brian … Continue reading Proud Teachers
From BFOI Linda Seely on behalf of Kanika S. Singh, ABA Dispute Resolution Section Student Liaison: Here are some upcoming events to let your students know about (and consider attending yourself): (1) Campus Events / Visits: Please take advantage of your ABA DR section resources such as your student liaison (me), staff, and section volunteers!! … Continue reading Upcoming ABA DR Section Events For Students and Others
From SFOI Sheila Purcell Dear Colleagues, We hope this finds you well at this unusual time. I write from (smoky!) Northern California to invite you to: New Frontiers in ADR A virtual “lunch and learn” Speaker Series! Mark your calendar and register for these two, free events, which will take place at noon Pacific, 1 Mountain, … Continue reading Hastings Programs with Grande Lum and John Lande on October 14 and 28
From TFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law invites you to a virtual program celebrating: 2020 Mangano Dispute Resolution Advancement Award Recipients: University of Illinois College of Law Professors Verity Winship and Jennifer K. Robbennolt. Professors Winship and Robbennolt will present their award-winning research reported … Continue reading Program with Mangano Award Recipients on September 21
