This post channels 60% of Jack Nicholson but without the chicken salad sandwich. It describes three short pieces that you might want to use in courses or continuing education programs. Overcoming Roadblocks to Settlement The first is an article entitled Overcoming Roadblocks to Reaching Settlement in Family Law Cases published in Family Advocate, the magazine … Continue reading Three Easy Pieces
From George J. Seidel, Williamson Family Professor of Business Administration and Thurnau Professor of Business Law at the University of Michigan’s Ross School of Business: Many thanks to John Lande, Hiro Aragaki, and Sanda Kaufman for their recent posts that have clarified the meaning of “BATNA.” BATNA is an important concept because it is often a … Continue reading George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?
I sometimes get inquiries about acronyms FOI (friend of Indisputably), FOB (friend of the blog), and especially the coveted designation __FOI (___ friend of Indisputably), such as AFOI, BFOI etc. People want to know what the initial letters stand for. The answer is whatever you want them to stand for. For example, I identified Tim … Continue reading Friends
OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways. (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David … Continue reading Tim Hedeen: Good and Easy Class Exercise
Our field aspires to promote restorative justice and healing when one person has wronged another. This can truly happen only when the person committing the wrong takes responsibility, typically reflected in an acknowledgment of having done the wrong and an apology. Forgiveness can help people restore themselves as morally acceptable members of society as seen … Continue reading An Example of The Power of Apology and Forgiveness
I had the good fortune to be one of Marc Galanter’s students when I was in graduate school. As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship. I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation. With the patient tutelage of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of … Continue reading Confusing Dispute Resolution Jargon
From Hiro Aragaki: First off, thanks to John Lande for pursuing this issue and calling attention to the real imprecision that sometimes attends our use of the term “BATNA.” If anything, I have learned through my off-line exchange with him and Sanda Kaufman that there is more confusion out there among scholars and practitioners than … Continue reading Hiro Aragaki: Things We Know and Think We Know About BATNA and WATNA
Here’s Sanda Kaufman’s response to my conversation with her and Hiro Aragaki. (Click the title of this post to see her piece.)
Some questions for law professors: Why did you go to law school? Why did you decide to go into academia? What do you want to accomplish in your work? What do you hope for your students? In this post, I give my answers to these questions, which I think will resonate for many readers of … Continue reading Stone Soup, Reflective Practice, Action Research, and Social Justice
