All posts by mmoffitt@uoregon.edu

“Teaching Hard Bargaining in an Interest-Based Negotiation Course”

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Richard Reuben kindly has agreed to permit us to post the contents of the presentation he gave at the AALS meeting in January 2008 entitled “Teaching Hard Bargaining in an Interest-Based Negotiation Course.” Richard’s basic premise is NOT that hard bargaining ought to supplant instruction in interest-based bargaining. Nor does he argue that hard bargaining … Continue reading “Teaching Hard Bargaining in an Interest-Based Negotiation Course” →

A Fourth U.S. Supreme Court Arbitration Case This Year

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Today, the Supreme Court granted cert in a FOURTH arbitration case.  Many years have passed since the Court granted cert in this many arbitration cases.  The case, Vaden v. Discover Bank, 07-0773, will answer an important question about federal courts’ jurisdiction over disputes subject to an arbitration agreement that do not raise a federal question … Continue reading A Fourth U.S. Supreme Court Arbitration Case This Year →

“Peace in the Desert” Lecture Series Webcasts Now Available

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Jean Sternlight at UNLV recently sent out an announcement that they have just posted webcasts of some of their recent “Peace in the Desert” lectures. http://www.law.unlv.edu/media_Events.html Among the speakers are:  John Paul Lederach, Professor of International Peacebuilding, The Joan B. Kroc Institute for International Peacebuilding, University of Notre Dame: “The Moral Imagination: The Art and … Continue reading “Peace in the Desert” Lecture Series Webcasts Now Available →

Dispute Systems Design Symposium at Harvard Law School – Part 2

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Yesterday, I provided a link to the live blogging going on at the DSD symposium at Harvard Law School, and I erroneously linked only to the blog associated with yesterday afternoon’s panel on DSD in organizational settings.  The live blogging takes place on a session-by-session basis, and the general portal is found at http://blogs.law.harvard.edu/hnmcp/2008/03/03/.  Today’s panels … Continue reading Dispute Systems Design Symposium at Harvard Law School – Part 2 →

Dispute Systems Design Symposium at Harvard Law School

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Today and tomorrow, the Harvard Negotiation Law Review is hosting an enormous symposium exploring various aspects of Dispute Systems Design.My understanding is that they will be posting web-based video of at least some of the presentations, and I will post a link to those when they become available.  I am sitting in the audience, and … Continue reading Dispute Systems Design Symposium at Harvard Law School →

Ethical Codes and the Commercial Mediator

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At the 2008 AALS Section meeting, Dwight Golann and Ellen Waldman (two of the most thoughtful scholars of mediation ethics I know) presented a talk entitled “Ethical Codes and the Commercial Mediator.” They have graciously agreed to share the powerpoint materials they used in the presentation. (Attached below.) I am hopeful that we may entice … Continue reading Ethical Codes and the Commercial Mediator →

Imposing Arbitration on the “Big Guys”

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Jean Sternlight recently published an article entitled In Defense of Mandatory Binding Arbitration (If Imposed on the Company), 8 Nev. L. J. 82 (2007).  She describes the project as one that she conceived initially as a “lark,” but what emerges is a truly fascinating thought exercise.  Jean’s basic thesis is summarized in the excerpt below.  … Continue reading Imposing Arbitration on the “Big Guys” →

ABA Lawyer as Problem Solver Award Call for Nominations

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David White and Woody Mosten are soliciting nominations for the 2008 ABA Lawyer as Problem Solver Award and the Lawyer as Problem Solver Exercises. Each year, the Lawyer as Problem Solver Committee seeks to identify those colleagues who have distinguished themselves through a commitment to creative advocacy.  Such individuals are a force for positive change through their dynamic representation of … Continue reading ABA Lawyer as Problem Solver Award Call for Nominations →