We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if it was largely irrelevant to the information available and the dynamics in negotiation. I base … Continue reading What is Negotiation?, Part 2
So said the illustrious founder of our blog – at least until good taste or something else induced her to change the title of an article to the more borrrrrring, “Teaching a New Negotiation Skills Paradigm.” (On the other hand, it you really want to rack up the ssrn downloads, use a sexy title like … Continue reading “Labels Suck”
I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.” Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen. I’m no expert … Continue reading To Puff or Not to Puff . . . (or When and How to Puff)
I know that this sounds like another one of my dumb questions. But the meaning of negotiation is surprisingly opaque. People have very different ideas about this. And the definition you choose has important practical implications. I stumbled onto this problem as I studied and taught negotiation in recent years. In a forthcoming … Continue reading What is Negotiation?
My indefatigable colleague, S. I. Strong, organized an impressive symposium on judicial education and describes the relevance to DR as follows: On October 9-10, the University of Missouri’s Center for the Study of Dispute Resolution (CSDR) convened its annual symposium, this year focusing on “Judicial Education and the Art of Judging: From Myth to … Continue reading University of Missouri Symposium on Judges and Judicial Education Contains Insights for Dispute Resolution Scholars
My colleague, S. I. Strong, is conducting a survey and invites you to participate: I am writing to invite you to complete an anonymous electronic survey that will form part of a research project entitled “Perceptions and Use of International Commercial Mediation and Conciliation” that I am conducting in conjunction with the Center for … Continue reading Interested in International Commercial Mediation and Conciliation?
This is the season when a flood of promotional literature flows through the mailboxes of law professors, coincidentally right before the US News surveys arrive. So if you are one of the usual suspects, it would be quite understandable if Missouri’s contribution to this genre entitled, “The Art of Teaching Dispute Resolution,” ended up in … Continue reading ICYMI
As I embark on this blog, it might be helpful to lay out my general perspective, which is probably similar to some of your views. This post (and probably some of my future posts) is different and longer than the norm, but hopefully you will find it worth your time to read. I came of … Continue reading Where I’m Coming From . . . and Want to See Us Go
I am thrilled to join my good friends on the Indisputably blog. I will semi-retire from teaching at the end of this academic year and this seems like a good time for me to start blogging. I have been very touched by friends who said that my retirement will be a loss for Missouri and … Continue reading Hello