SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, … Continue reading Oldies But Goodies
Based on my study of lawyers’ actual negotiations, A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, I have reluctantly concluded that the generally-accepted understanding of negotiation theory is seriously flawed and that we need a better theory. The current framework relies primarily on two models … Continue reading Problems with the System of Negotiation Models, Part 1
I just posted an item about a conference organized by my former student, Brian Jarrett, who teaches at the University of Alaska-Fairbanks. I am very proud of Brian and other former students, and this conference prompted me to reflect on relationships between teachers and students, among others. I would like to think that I have … Continue reading Appreciating Good Ripples
Brian Jarrett (Alaska-Fairbanks Program on Dispute Resolution, Peace-Building, and Restorative Practices) is organizing the Fifth Annual Global Cyber-Conference on Dispute Resolution, which will take place on Wednesday, April 15, from 3 pm to 5:30 pm, Eastern Time. The conference theme is inter-cultural conflict with a particular emphasis on indigenous conflict resolution. The keynote speaker will … Continue reading Global Cyber-Conference on Dispute Resolution
The Hugh L. Carey Center for Dispute Resolution at St. John’s is pleased to announce a new award for scholarship in the field of ADR. Here’s the notice, with info on nominations: The Mangano Dispute Resolution Advancement Award honors the researcher(s) whose published empirical research has furthered the advancement and understanding of the values and … Continue reading Mangano Dispute Resolution Advancement Award – Call for Nominations
The ABA Section of Dispute Resolution is seeking a law student intern for the Summer 2015. Section interns focus on alternative dispute resolution (ADR) research under supervision of an attorney. Duties may include: Researching emerging critical issues Conducting needs assessment and systems design for dispute resolution processes Research the use of ADR in institutions such as … Continue reading ABA Section of Dispute Resolution Seeking Law School Intern
Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About?
My colleague, S.I. Strong, is coordinating a student writing competition about the events in Ferguson as follows: The University of Missouri is sponsoring a student writing competition analyzing the events in Ferguson (and elsewhere) from a dispute resolution / conflicts resolution perspective, as described on the competition website. The deadline is relatively soon — February … Continue reading Student Writing Competition About Ferguson and Related Events
I recently stumbled upon a useful analogy that I used in our required Lawyering course, namely that lawyers are like “conflict doctors.” For our final class, we read an excerpt of an article by Frank Sander and Stephen Goldberg with tables identifying various client goals and impediments to settlement. The article listed goals related … Continue reading Conflict Doctors
In 1998, commenting on the hot controversy about the “Rand Report’s” finding that certain mediation programs did not save time or money (measured in terms of lawyers’ work hours), Professor Craig McEwen argued that it was the wrong question to ask whether “mediation works.” Critics of the Report had argued that its methodology led to … Continue reading Some Good Questions
