Interesting new article in the Harvard Business Review on the benefits of using reframing techniques to think about problems in a different way, here. You may have heard the “slow elevator” problem before, but if not, here it is: A building manager gets complaints from her tenants about a slow elevator. If she automatically assumes … Continue reading The Slow Elevator →

Rory Van Loo (Boston University) has published “The Corporation as Courthouse” in the Yale Journal on Regulation, available here. I read an early version of this article; it’s fascinating. The abstract: Despite the considerable attention paid to mandatory arbitration, few consumer disputes ever reach arbitration. By contrast, institutions such as Apple’s customer service department handle … Continue reading Van Loo on the Corporation as Courthouse →

Carol Pauli (Texas A&M) has just published “Whole Other Story: Applying Narrative Mediation to the Immigration Beat,” in the Cardozo Journal of Conflict Resolution, available here. The abstract: If Donald Trump, in kicking off his campaign for the White House, was saying “what everyone is thinking” about illegal immigration, it must be that his message … Continue reading Pauli on Narrative Mediation, Trump, and Immigration →

From our friends at the Harvard Negotiation and Mediation Clinical Program: On November 5, 2016, the Harvard Negotiation and Mediation Clinical Program (HNMCP) at Harvard Law School celebrated its 10th Anniversary with a public symposium that was both retrospective and prospective, addressing the clinic’s foundational focus on dispute systems design, as well as looking at … Continue reading HNMCP 10th Anniversary Symposium →

Stacy Roberts (Utah) has published “Gendered Differences in Negotiation: Advancing an Understanding of Sources, Effects, and Awareness” in the Cardozo Journal of Conflict Resolution, available here. The abstract: Conversations about gendered differences in negotiation have been around for decades. However, recent research about these gendered differences is expanding our understanding of gender stereotypes and role … Continue reading Roberts on Gender and Negotiation →

Articles from Mitchell Hamline Law Review‘s Fall 2016 Symposium are now available here. The topic was “An Intentional Conversation About Public Engagement and Decision-Making: Moving from Dysfunction and Polarization to Dialogue and Understanding” and the contributors were Bernie Mayer, Ken Fox, Bob Stains, Howard Vogel, Aimee Gourlay, Lisa Blomgren Amsler, Tina Nabatchi, and Sharon Press.

Stephen Ware (Kansas) has published the third edition of the Concise Hornbook on ADR, information here and here. The third edition is substantially expanded and updated since the second edition appeared in 2007. Description: This book provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other … Continue reading Concise Hornbook on ADR →

Art Hinshaw (Arizona State) has published “Regulating Mediators” in the Harvard Negotiation Law Review, available here. Read on for two micro-analyses or “quick takes” on Art’s article. Note that these takes are not supposed to provide in-depth analysis of the entire article. Rather, they should (1) provide a quick look at scholarship trending in ADR; … Continue reading Two Quick Takes on Hinshaw: Regulating Mediators →

Jonathan Cohen (Florida) has published “A Genesis of Conflict: The Zero-Sum Mindset” in the Cardozo Journal of Conflict Resolution, available here. The abstract: Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the “zero-sum mindset,” can lead to undesirable results, both … Continue reading Cohen on Genesis and Conflict →

Tim Hedeen (Kennesaw State) has co-published (with Heather Pincock) “Where the Rubber Meets the Clouds: Anticipated Developments in Conflict and Conflict Resolution Theory” in the Ohio State Journal of Dispute Resolution. From the Introduction: The study of conflict transcends disciplinary boundaries and nearly defies categorization. Theories abound to explain the sources or conditions that give … Continue reading Hedeen on the Future of Conflict Theory →