My friend, Lisa Renee Pomerantz, a New York lawyer and neutral, wrote an article on consumer arbitration in ACResolution that you might want to check out. It chronicles a history of efforts to regulate and improve consumer arbitration, leading up to the recent study and proposed rules issued by the Consumer Financial Protection Bureau. It … Continue reading Pomerantz and DR Section on Consumer Arbitration
This seems like an appropriate time to review that best-selling negotiation guide written in the 1980s. I refer, of course, to The Art of the Deal by Donald J. Trump. (What – you were expecting Getting to Yes?) The leading presidential candidates from both major political parties have a lot of professional negotiation experience and … Continue reading Review of Best-Selling Negotiation Text
From my colleagues Rafael Gely and Bob Bailey: The Center for the Study of Dispute Resolution at the University of Missouri School of Law (CSDR) is delighted to announce the launching of ArbitrationInfo.com. In 2014, faculty at the CSDR and the National Academy of Arbitrators (NAA) began conversations about a possible collaboration on a website … Continue reading Missouri-National Academy of Arbitrators Website
In response to the an exchange on the DRLE listserv about assessment forms used in negotiation simulations, I provided some forms that I use. This post includes my post on the listserv with some assessment forms as well as some additional material which you are welcome to use or adapt. One form is a general … Continue reading Simulation Assessment Forms and Other Materials
Last summer, we updated the DRLE website by posting 122 recent DR syllabi. As I collected and organized the syllabi, I was curious if there were any patterns in the elements of the syllabi. My colleague, Rafael Gely, who directs our Center for the Study of Dispute Resolution, and I arranged for our CSDR Fellow, … Continue reading Elements of DR Courses
In an earlier episode, we established that there is widespread confusion about what the heck is the difference between a BATNA and MLATNA. I created this table for my negotiation class illustrating the relationships between WATNA, MLATNA, BATNA, bottom lines, and ZOPA. It is based on a simulation of a simple personal injury case. Hopefully … Continue reading Clarifying BATNA, MLATNA, WATNA, ZOPA and More
Nancy Welsh, Chair-Elect of the ABA Section of Dispute Resolution, sent the following job announcement for the Section Director, which is based in Washington DC. ORGANIZATION: The Section of Dispute Resolution is the principal home within the American Bar Association for lawyers and non-lawyer associate members engaged in all facets of dispute resolution—as third party … Continue reading Wanted: Director of ABA Section of Dispute Resolution
The 2007 Carnegie Report recommended that law schools promote an apprenticeship of professional identity as well as of knowledge and skills. This has always been a concern of mine because lawyers need a professional compass to help guide them through the vast range of types of legal matters, clients, services (e.g., litigation or transactional), among … Continue reading Easy Assignment to Promote Law Students’ Apprenticeship of Identity
Last week, I posted Heather’s latest contribution to our conversation about ADR Careers. Here’s my response. _______ Thanks for all your kind words, Heather. You give me way too much credit. But why argue? Indeed, let me summarize some of the things I think we agree about. First, we both want to help law students … Continue reading Conversation with Heather Kulp About ADR Careers – Part 3
One might assume that using a “planned early dispute resolution” (PEDR) system should be a “no-brainer” for businesses that regularly litigate because litigation-as-usual undermines many business interests such as efficiency, protection of reputations and relationships, control of disputing and business operations generally, and risk management, among others. Although this seems like a plausible assumption, the … Continue reading A No-Brainer?
