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?
From IFOI Brian Jarrett Hello Folks, Our 6th Annual International Cyber-conference on Dispute Resolution will take place on April 13, 2016, at noon to 2:30 pm (PST). Be sure to find the equivalent time and date in your location on the globe. California State University at Dominguez Hills (CSUDH) will be the “bridge university” this … Continue reading 6th Annual International Cyber-conference on Dispute Resolution
From PFOI S.I. Strong: Dear all As you know, I moderate the Young-OGEMID listserve, which is dedicated to junior scholars and practitioners interested in matters relating to international arbitration. We are following up last year’s inaugural “virtual symposium” on how junior people can get published (and why they should want to) with a second such … Continue reading Virtual Symposium on Getting Speaking Engagements in DR
Awake readers will recall that Michael posted a series of posts by Heather Kulp about giving advice to students about developing ADR careers and that I wrote a response to Heather to start a conversation. (The links to Heather’s original posts are in my response.) Back from winter break, here’s Heather’s response. _______________ John, It’s … Continue reading Conversation with Heather Kulp About ADR Careers – Part 2
I often feel discouraged these days. Although there have been some positive developments in the world lately, I find much of the news to be profoundly disturbing. Closer to my own life, I sometimes feel disappointed in the lack (or slow pace) of progress in legal education and dispute resolution practice, education, and theory. But … Continue reading The Part of the Glass That’s Full
Alert readers of this blog will recall that amendments of the Federal Rules of Civil Procedure went into effect on Dec. 1, 2015, including a new requirement that discovery be “proportional to the needs of the case.” The Institute for the Advancement of the American Legal System (IAALS) thinks that’s a good thing. Critics, like … Continue reading Is Proportionality of Discovery Good or Bad?
