Peter Phillips, the director of New York Law School’s ADR Skills Program, used Stone Soup in his negotiation course this semester. In his assessment, he wrote that the interview assignment was an excellent fit for his course, which helped students see in practice the theory they learned in class. He told me that students … Continue reading Stone Soup Assessment: Peter Phillips’s Negotiation Course
We all say that preparation is important – it’s more popular than mom and apple pie – but we have only vague ideas about how people actually consider possible alternatives. This includes the negotiators themselves. We sometimes list general factors or approaches, but usually that’s as far as we get. I will go out on … Continue reading Stone Soup: Learning How People Actually Prepare for Negotiation and Mediation
Out of the blue, I got an email from a student at my university who I had never met. She said that her best friend is graduating from college this month and will start law school in the fall. As a graduation present, she is collecting letters with advice for her friend and she asked … Continue reading Letter to Kelly
I have written a lot recently about apologies (and non-apologies), most recently a post focusing on Louis C.K.’s apology (which links to prior posts). Today, the New York Times ran a piece entitled “Mea Culpa. Kinda Sorta.” in which several writers parse the language in the apologies of Charlie Rose, Al Franken, Louis C.K., Kevin … Continue reading Mea Culpa. Kinda Sorta.
University of Michigan Education Professor Susan Dynarski wrote a compelling article in the New York Times, Laptops Are Great. But Not During a Lecture or a Meeting. She cites research finding that when students use laptops in class, they not only reduce their own learning, but they also reduce the learning of nearby students. The … Continue reading Are You Ready to Apply Unequivocal Research Findings That Students’ Use of Laptops in Class Reduces Learning?
I just listened to an episode of a This American Life podcast entitled 129 Cars, referring to a car dealership’s monthly sales quota. A team of reporters followed various people at a Long Island dealership for a month and the episode sounds like a sitcom. But it is very real, reflecting tensions in negotiations between … Continue reading Real Car Dealing
Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct. The comedian Louis C.K. is one of the men who has been accused. He publicly acknowledged that the accusations were true and apologized. Political science professor Nancy D. Wadsworth … Continue reading Louis C.K.’s Apology
In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct. Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so. In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers
If so, you have a lot of company. Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.” This is one of my pet peeves, which drives me crazy – an admittedly short excursion. I discussed this in my top-notch post, BATNA, MLATNA – … Continue reading Do You Use “BATNA” Wrong?
Missouri’s Center for the Study of Dispute Resolution recently held our annual symposium in coordination with our Journal of Dispute Resolution. The symposium, entitled “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes,” was organized by Professors Bob Jerry and Chris Wells. They specialize, respectively, in insurance law and … Continue reading Missouri Symposium on Managing Disputes About Speech on Campus
