In this morning’s Chronicle of Higher Education, an article entitled “Time to Change the Rules of Negotiation,” focusing on entry-level employment negotiations, what’s negotiable, what’s reasonable, and what’s not.  The most provocative passage is: In my ideal world, hiring officials would begin showing their hand so that candidates could craft the best possible deal. But until that happens, we … Continue reading Whisper “Here’s my contact information; don’t accept anything until we’ve talked.” →

From our friends at the Harvard Negotiation & Mediation Clinical Program comes an announcement of an art contest (available at http://blogs.law.harvard.edu/hnmcp/hnmcp/news/2015-hnmcp-art-contest/).  Any original artwork reflecting themes of conflict resolution or peacemaking welcome, with prize money and a place on the walls of Harvard going to the winner. TOTH Sara del Nido.

For the many among you who use journals as part of your ADR instruction…  An article in this morning’s Chronicle of Higher Education (here) describes a study comparing students’ writing when they are asked to submit what amount to journal entries either in the form of essays or in the form of public blog posts.  The researchers were expecting … Continue reading Journaling and Risk-Taking →

I used to give my Negotiation students at Harvard a set of fieldwork experiments, assignments to go try out this or that concept in real life and report back.  In my mind, I had pedagogically sound reasons for doing so.  And for some years, it went either fine or great.  And then one year, it went disastrously, … Continue reading Students Experimenting in the Field, or “The Pedagogical Value of a Can of Beans” (From David White) →

A really, really interesting blog post by Brian Ganson on the HNMCP blog site.  I have known Brian since my earliest days in mediation, and he has reliably challenged many of my assumptions about just what it is we do and how we ought to do it. An excerpt (but really you should read the … Continue reading Brian Ganson on Mediation and Advocacy →

This morning’s edition of “Inside Higher Education” (one of the two or three sites I read every morning) includes an article by a current PhD student entitled, “Basic Negotiation Advice for Grad Students.”  Available here. Pieces are consistent with the commonly understood “best practices” of our field, such as they are.  Prepare well.  Don’t just … Continue reading Negotiation Advice for Graduate Students’ First Jobs →

From Bob Bordone and Rachel Viscomi (Harvard): November 25, 2014 This fall semester this year a notable one for both of us, for different reasons and motivated by different circumstances. Bob is preparing to take his first sabbatical after sixteen years of continuous teaching in both semesters; by contrast, Rachel embarked upon teaching her first … Continue reading Giving Thanks to (Facilitation) Students →

Earlier this week, I was driving to an appointment, and I heard someone talking about Mediation. Only after it was over did I realize that I was listening not to an NPR story, nor to a law-focused podcast, nor to the voices in my heads.  I had been listening to a radio ad. On an FM … Continue reading And then on the radio I heard … →

The Federal Circuit recently handed down its decision in the CEATS v. Continental case.  If I were teaching Mediation this year, I’d spend some real time on it. Quick summary (oversimplifying for purposes of clarity here): Mediator appointed to patent case.  Case didn’t wind up settling, and it proceeded to trial.  After jury verdict, losing … Continue reading A Requirement Without Consequence? Federal Circuit Mediator Conflict Disclosure Case →

Last week, the Washington Supreme Court reversed a conviction in State v Lamar on the grounds that jury deliberations must be “full and complete.”  The StoelRives blog noticeofappeal.org summarizes the case this way: In State v. Lamar, the trial court reconstituted the jury with an alternate midway through deliberations after one of the original jurors … Continue reading Deliberations, Interrupted →