In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration. The relatives had only been authorized to sign the admission documents. In other words, Kentucky could not require a separate power of attorney related … Continue reading Nursing Homes May Continue to Use Arbitration Agreements
Speaker Moty Cristal is always one of the student favorites and, frankly, I never know what he is going to do. Last time, he led us in an exercise learning about coalitions. This time, Moty focused on the lessons from his upcoming book chapter in the Negotiator’s Desk Reference regarding negotiation in low-to-no trust environments. … Continue reading Israel Reflections 2017–Trust is Optional–Last Blog of the Trip!
My colleague, Rafael Gely, and I are developing the University of Missouri “Stone Soup” Case Database project as I previously mentioned. This post includes links to some short documents with more detail about the content and process of our planning. And it invites you to respond with your comments, suggestions, and commitments to participate. Overview … Continue reading Developing the University of Missouri “Stone Soup” Case Database
Several years ago, I had the chance to tag along on a European tour with Missouri’s University Singers. My friend, Paul Crabb, the choral director, talked with his students in the group about the pleasure of “making music together.” The idea that they were “making” the music may seem odd at first considering that they … Continue reading Creating Knowledge Together: Rationale for Building a Social Science Case Database
In January, I described how my colleague, Rafael Gely, assigned his negotiation class to interview people about actual negotiations and write papers with detailed accounts of the cases. This assignment has intrinsic value as an educational experience for the students and it served as a test run for the University of Missouri “Stone Soup” Project … Continue reading Real Negotiations
Another new meeting this year was with Oshra Friedman of Tebeka legal services, an organization that provides specialized legal services for the Ethiopian immigrants to Israel. As we learned on our last trip, Israel has welcomed thousands of immigrants from Ethiopia of Jewish heritage and assimilation into the modern society of Israel can be very challenging. As we also saw … Continue reading Israel Reflections 2017–Race and Diversity
In 1977, Scott Turow published One-L, a lightly fictionalized memoir of Turow’s first year at Harvard Law School. Since then, One-L has become one of the most commonly recommended books for prospective law students. Earlier this year, I asked some ADR professors for reflections on One-L, and you can read their responses below. The book … Continue reading Reflections on One-L
For the past five years at the ABA Conference, the “What I’m Reading” panel has given us an opportunity to talk about what inspires ADR scholars and practitioners. Two weeks ago, we had a fabulous (and musical!) panel and several people asked if I would post the reading list from the session. Here it is: … Continue reading What I’m Reading, 2017
One other new visit this year was with Dr. Ofer Merin, a commander of the Israel Defense Force (IDF) Medical Field Unit and emergency room doctor at Shaare Zedek Medical Center in Jerusalem. As student Margo Clark notes, his roles often require both flexibility and understand beyond our immediate biases. Dr. Ofer Merin is the Chief of … Continue reading Israel Reflections 2017–Treating Terrorists and Other Medical Challenges
Jill Tanz, JD, and Martha McClintock, PhD, just started a Mediation Myth Busters blog to explain how applying neuroscience concepts can improve mediation. They recently co-authored an article, The Physiologic Stress Response During Mediation, 32 Ohio State Journal on Dispute Resolution 29 (2017). They plan to add posts about once a month to cover topics … Continue reading Busting Mediation Myths Using Neuroscience
