Everyone loves BATNA. It has more than 16 million hits on Google. I have loved BATNA too. Of course, people should consider alternatives to a negotiated agreement when negotiating or mediating. Unfortunately, people have loved BATNA so much that it has become a cliché that is widely misunderstood, even by some dispute resolution experts. When … Continue reading BATNA May Be Less Important Than You Think – and Teach
My career has focused on helping disputants by analyzing and promoting helpful lawyering and other dispute resolution techniques. The ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions, is the culmination of my scholarly career, combining Michaela’s and Heather’s excellent research on litigation risk assessment and my work on planned … Continue reading LIRA Book Tour
One of the “benefits” of this horrible coronavirus crisis is that it makes it easier to provide professional education by video. Virtually all of us have become proficient in using video and so it is easy to produce programs that many people will want to see. As a result, we can much more efficiently produce, … Continue reading Dispute Resolution Video and Podcast Online Library
We’re in a serious jam. Washington Post columnist Paul Waldman writes that the legislative stalemate over coronavirus disaster relief deals with a complex and thorny negotiation problem. Enhanced unemployment benefits have now expired, leaving over 30 million Americans who have lost their jobs in a precarious economic position. The program providing loans to small businesses … Continue reading Wanted: Master Negotiator
From the ABA Section of Dispute Resolution: The Section will sponsor the ABA Dispute Resolution Tech Expo on September 14-18. Working virtually is our new normal, but now what? Besides Zoom, what other tools are out there to make working online easier? Look no further than the ABA Dispute Resolution Tech Expo. Tailored to the … Continue reading ABA Dispute Resolution Tech Expo – Sept. 14-18
Courtesy of EFOI Doug Yarn: The Georgia Justice Project seeks applications from third-year law students or recent law school graduates for sponsorship of a Skadden, Equal Justice Works, or other public-interest fellowship set to begin in the fall of 2021. Applications will be accepted until August 17th, 2020 but reviewed as they are submitted. Click … Continue reading Georgia Justice Project Fellowship August 17 Application Deadline
Pulitzer-Prize-winning NYT columnist Wesley Morris wrote a thoughtful essay, The Reconciliation Must Be Televised. “What is America’s next step in confronting its racism? A broadcast spectacle that could look like court, a telethon, an Oprah show — and more.” Take a look. [Click the title of this post to read the article.]
ABA Publishing is hosting its first virtual annual meeting bookstore in conjunction with the ABA Virtual Annual Meeting, which opened today. This sale is not limited to registered attendees. Anyone with a computer, cell phone or tablet and an Internet connection can take advantage of these savings. Customers will receive a generous 25% off + … Continue reading ABA Book Sale From Now Until August 7
We don’t normally think of elections as dispute resolution mechanisms, but that’s what they are. This year, the election campaigns reflect a deep conflict, with stark differences between Democrats and Republicans about perceptions of the past and present and visions for the future. The election will provide some resolution of this conflict, possibly producing long-lasting … Continue reading The November Elections are an Important Dispute Resolution Mechanism
Washington Post columnist and honorary dispute resolution expert Alexandra Petri provided a highly nuanced analysis of non-apology apologies recently illustrated by the grand master, Rep. Ted Yoho, who called his colleague, Rep. Alexandria Ocasio-Cortez, a “fucking bitch” (pardon my French). (Careful readers will recall my thrilling two-part series on non-apology apologies beginning here as well … Continue reading Master Class in Non-Apology Apologies
