In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models). … Continue reading We Need a Better Consensus about Negotiation Theory
In Part 1, I argued that there are fundamental problems with the system of negotiation models. In this part, I describe actual negotiation cases from my study to illustrate the problems. As you read about them, consider that I am now focusing primarily on problems with descriptive theory – basically a kind of language enabling … Continue reading Problems with the System of Negotiation Models, Part 2
I subscribe to the Best Practices for Legal Education blog, which has a lot of good posts. Here’s one by Michele Pistone (Villanova) suggesting that teachers carefully use words in defining their teaching and learning goals.
Touro Law Center has initiated a new Journal of Experiential Learning. Thanks to Best Practices for Legal Education blog for sharing the news.
SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, … Continue reading Oldies But Goodies
Based on my study of lawyers’ actual negotiations, A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, I have reluctantly concluded that the generally-accepted understanding of negotiation theory is seriously flawed and that we need a better theory. The current framework relies primarily on two models … Continue reading Problems with the System of Negotiation Models, Part 1
The Washington University School of Law Whitney R. Harris World Law Institute and Negotiation & Dispute Resolution Program (that’s a mouthful) is sponsoring a symposium on international dispute resolution on Friday, Feb. 6, from 8:30 am until noon. The symposium includes panels entitled “International Arbitration and the Cross-Border Deal” and “Mediating International Disputes – An … Continue reading International Dispute Resolution Symposium at Washington University
I just posted an item about a conference organized by my former student, Brian Jarrett, who teaches at the University of Alaska-Fairbanks. I am very proud of Brian and other former students, and this conference prompted me to reflect on relationships between teachers and students, among others. I would like to think that I have … Continue reading Appreciating Good Ripples
Brian Jarrett (Alaska-Fairbanks Program on Dispute Resolution, Peace-Building, and Restorative Practices) is organizing the Fifth Annual Global Cyber-Conference on Dispute Resolution, which will take place on Wednesday, April 15, from 3 pm to 5:30 pm, Eastern Time. The conference theme is inter-cultural conflict with a particular emphasis on indigenous conflict resolution. The keynote speaker will … Continue reading Global Cyber-Conference on Dispute Resolution
That’s one of the conclusions in an op-ed in the New York Times today. Researchers Anita Woolley, Thomas W. Malone, and Christopher Chabris did a series of studies finding that the “smartest” teams (measured by performance in logical analysis, brainstorming, coordination, planning and moral reasoning) were distinguished by three characteristics. First, their members contributed more … Continue reading Want a Smarter Group? Add More Women
