The book Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making, is now out. Available here). It’s simply fantastic. Jennifer Robbennolt and Jean Sternlight have done our field an enormous service. My only criticism of their work is that it is so thorough that it does not lend itself easily to … Continue reading Psychology for Lawyers
From Brian Ganson: I taught negotiation and didn’t mention “The Seven Elements.” Am I going to hell? Brian Ganson, Senior Researcher Africa Centre for Dispute Settlement, University of Stellenbosch Business School Having had the great pleasure of teaching, writing and consulting with Roger Fisher, the Seven Elements were part of my DNA. But … Continue reading Brian Ganson: I taught negotiation and didn’t mention “The Seven Elements.” Am I going to hell?
I know that word that the Cleveland Browns have suffered a defeat is surprising only because we are not presently in the midst of a football season. But [insert your own joke here about how losing habits die hard, know no season, etc. As a school-aged Ohioan in the Mike Phipps and Brian Sipe eras, … Continue reading The Cleveland Browns Lose … but it’s actually news
Jean Sternlight’s Oregon Law Review article “Tsunami” is now available online here. It includes a thorough but accessible survey of the range of judicial responses to the Concepcion decision, along with an overview of some possible legislative and administrative responses. The article makes for really good reading, unless you pay careful attention to what these … Continue reading Sternlight on Concepcion
The National Law Journal ran a story recently describing the recent appeal of the $3.4B settlement of the contested Native American trust litigation. (Story here.) I have not been following the details of this case closely enough to hold any opinion about the merits of this appeal. But given the magnitude of the settlement and … Continue reading $3.4B Class Action Settlement (and the contest thereof)
The Langdon Fellow Program at Ohio State is just great, and I’m pleased to share that they are seeking applications for a new fellow. A recent email from Sarah Cole announcing the position is pasted below. MM —– Job Description: Langdon Fellowship in Dispute Resolution at the Ohio State University Moritz College of Law … Continue reading Langdon Fellow at Ohio State
The National Law Journal’s online edition ran a story this morning (available here, text pasted below) about the more then $3 billion the federal government paid out in settlements in 2011. The Departments of Energy, Agriculture, and Interior led the way in settling “mega-cases,” payment for which apparently comes from the Judgment Fund. I’ve been … Continue reading >$3B in Federal Settlements Last Year
Earlier today, I learned that Raymond Shonholtz died. He was a founder and president of the San Francisco Community Boards. It would be hard to overstate the role these community boards played in the evolution of mediation in the United States, not just the small claims versions thereof, but also many of the facilitative and … Continue reading Raymond Shonholtz: Community Mediation Visionary
Sarah Cole recently published On Babies and Bathwater: The Arbitration Fairness Act and the Supreme Court’s Recent Arbitration Jurisprudence, 48 Houston L. Rev. 457 (2011) (available here). She writes, “The AFA misses the mark primarily because it overstates the case against arbitration, rendering the legislation unpalatable to corporate and business interests, as well as many … Continue reading Sarah Cole vs. (part of prior versions of) The Arbitration Fairness Act
OK, we all send reprints to each other, and that’s good. And many of us scribble little personalized notes to each other on the reprints, and that’s good, too. In theory, though, the personalized note should cause the recipient to want to read the article in question. Below is an example of not that: +MM
