Sharon Press, at Hamline, sent the following announcement on the DRLE listserv and I want to repeat it and encourage you to think RIGHT NOW what you might share at the ABA conference — in just 10 days. Yikes! Professor Bobbi McAdoo and I thought we’d try something slightly different for the Professor Resource Share … Continue reading Please Share a Resource — and Do it Now
I am fascinated to learn behind-the-scenes stories of high-profile negotiations, like the negotiation over Iranian nuclear capabilities, which the New York Times just described. Interesting tidbit: the negotiators used an erasable whiteboard so that the Iranians didn’t have a document they could send back to their superiors in Tehran. Another unusual arrangement: “[T]he Iranians did … Continue reading Behind the Scenes at the Iranian Nuclear Negotiation
You are cordially invited to this program at the ABA conference in Seattle, which will take place on Friday, April 17, from 3-4:15, in the Orcas Room. My partners in crime for this caper are Alyson Carrel, Jim Coben, and Noam Ebner. Here’s the idea for our program – How many times have you heard … Continue reading Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?
BARBRI’s “State of the Legal Field Survey” reports that “71 percent of 3L law students believe they possess sufficient practice skills. In contrast, only 23 percent of practicing attorneys who work at companies that hire recent law school graduates believe recent law school graduates possess sufficient practice skills.” This finding is puzzling and astounding. It … Continue reading Illusions of Competence
I was surprised to read an article in the New York Times indicating that the system of using bar exams to license lawyers “is facing a new round of scrutiny — not just from the test takers but from law school deans and some state legal establishments.” The article quotes Kristin Booth Glen, former dean … Continue reading Erosion of Support for Bar Exam System
As you may have seen on the DRLE listserv, Jean Sternlight (UNLV) will receive this year’s Award for Outstanding Scholarly Work at the ABA Section of Dispute Resolution conference next month. UNLV has named Hal Abramson (Touro) and Lisa Blomgren Amsler (Indiana School of Public and Environmental Affairs) as its first Saltman Senior Scholars. Last … Continue reading Awards and Recognitions
The Center for the Study of Dispute Resolution at the University of Missouri School of Law announced the winners of a law student writing competition held in conjunction with the Missouri Law Review symposium entitled “Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.” Professor S.I. Strong organized the competition, which asked … Continue reading Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence
In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?
