I wonder if anyone can direct me to simulations / roleplays that take place in a criminal law setting. I used one out of the PON Clearinghouse a long time ago, and I know of a second one. Neither quite fits my purposes for this coming year, and I wonder if anyone out there has … Continue reading Simulations in a Crim Law setting ?
Susan S. Raines, Director of the Master’s of Science in Conflict Management Program at Kennesaw State University in Georgia send around a notice earlier today that they are looking to make an entry level hire in their graduate program. According to the description: Minimum qualifications at the time of appointment include a Ph.D. in conflict … Continue reading Kennesaw State is Hiring
I don’t really know much about the video appearing here: (http://www.youtube.com/watch?v=-H8xzRNRKKE). One of my research assistants (I would name her, but I forgot to ask if she wanted credit or anonymity) forwarded me the link, along with the explanation that this comes from a show called “Home Movies.” As she explains, it’s “about kids making … Continue reading Negotiation Over Points … a video not to miss
A reminder that the ADR law professors’ works-in-progress gathering has an August 1 deadline for those who want to submit papers. You are, of course, also welcome to just come and listen/learn/lurk. But given the format of the gathering, now’s not the time to wait until you have something polished. Come take advantage of the … Continue reading Works-in-Progress Call for Papers
I recently received an announcement regarding an effort involving the Department of Labor and the National Association for Community Mediation. As I understand it, the goal of the effort is to generate some sense of how mediators weigh various definitional aspects or components of mediation. I have separately written a tediously long article entitled “Schmediation … Continue reading Defining “Mediation” — Only 5 days left!
Hint: The rule isn’t really anti-ADR, even though some ADR practitioners may see it that way. In fact, the rule represents a fantastic step forward for the idea that disputants ought to have considerable control over the process(es) by which their disputes are resolved. In this particular case, the state of Oregon has adopted a … Continue reading Why This ADR Professor Loves a New Anti-ADR Rule
Professor Ben DePoorter recently published an article, “Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements”, 95 Cornell L. Rev. 957 (2010), (essay pdf here) exploring the implications of selective disclosure or selective availability of private settlements. Its abstract: Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important … Continue reading “Did You Hear About The Settlement Where…?”
Recently posted to SSRN: an article describing a study of lawyers’ prediction about litigation. It turns out that lawyers are overconfident in their assessments about the likelihood of success. This result should surprise every person who has never met a lawyer. The study also found that lawyers don’t improve with experience on this measure, and … Continue reading “Lawyers Are Overconfident” and other shocking discoveries
The Fourth Annual ADR Works-in-progress conference will take place at the University of Oregon October 15-16, 2010. The conference website (http://www.adr.uoregon.edu/2010WIPconference/) provides great information, and there’s an online registration form available on that site. I hope we see lots of you there! Professor Jen Reynolds will be taking the lead on the conference organization, and … Continue reading ADR Works In Progress: Oregon, October 15-16, 2010
The folks at Mediation Works Incorporated (MWI) maintain a really helpful set of materials about bankruptcy mediation, including a regularly-issued Bankruptcy Mediation newsletter. Bankruptcy has never been my field of mediation practice, but it makes great sense that we’re seeing a rise of bankruptcy mediation activities here and in Europe. I suspect there are other … Continue reading Mediating Bankruptcy Cases
