Last week the New York Times reported an interesting, and unusual, use of restorative justice in a murder case in Florida.  The parents of a young woman who was killed by her boyfriend, along with the boyfriend, his parents, and the prosecutor, all participated in a pre-trial restorative justice process.  Ultimately the prosecutor offered a plea … Continue reading Restorative Justice for Murder? →

Ever since I learned that George Friedman would be retiring at the end of 2012, I struggled to write a fitting tribute to him and his many accomplishments as Director of Arbitration at FINRA for the past fourteen years.  In lieu of continuing my struggle, I reproduce below a wonderful tribute authored by Rick Ryder … Continue reading FINRA Dispute Resolution Director of Arbitration Retires →

Many of us use a version of the prisoner’s dilemma game as part of our negotiation courses.  In the game, participants have the choice of cooperating with others to get a minimal reward, or they can increase their winnings by taking advantage of everyone else.  After the students play the game, I introduce Robert Axelrod’s … Continue reading Rethinking Tit-for-Tat →

Hattip to Friend of the Blog Jean Sternlight for sending this article along.  In today’s Washington Post blog, the author argues that the fiscal cliff negotiations are pehaps the greatest test yet of the Harvard Negotiation Project.  As Carrie Menkel-Meadow notes in the article, “If we ever had a president who has learned the science of … Continue reading Harvard to Blame if We Go Off Fiscal Cliff? →

Shortly after the 2011 debt crisis, I wrote a post titled “Neutral in Chief?” in which I suggested that, while President Obama was perceived to have “lost the debt crisis negotiation,” he may not have seen himself in the role of negotiator at all. He may in fact have seen his role closer to that … Continue reading From Neutral in Chief to Bargainer in Chief →

Friend of Indisputably Jean Sternlight sent a message out to the list serv this morning about UNLV’s decision to hire a new tenure-track ADR position.  She asked me to post the listing in its entirety here.  It sounds like a good gig, and getting the opportunity to work closely with Jean will be a treat.  … Continue reading Tenure-Track ADR Position Opening at UNLV →

The NY Times published a little piece about negotiation and the gender wage gap on Friday. You can read it here.

Jeff Kichaven, a thoughtful, experienced, and talented L.A. lawyer and mediator recently posted an article entitled, “The Mediation Advocate’s Bill of Rights” at mediate.com and at law360.com.  Link here. I am not entirely persuaded that this is a bill of rights. I am not entirely persuaded that this is universally applicable to all forms of … Continue reading Kichaven’s “Mediation Advocate’s Bill of Rights” →

This week the Arizona Supreme Court issued an order approving, on an experimental basis, an order allowing second semester law students to take the bar.  The Court’s order came down too late to impact the Feb. 2013 exam, but will be in effect for Feb. 2014 and 2015.  After 2015, the Court will revisit the rule and decide whether … Continue reading Arizona to Allow 2nd Semster 3Ls to Take the February Bar →

The Arizona Bar’s monthly magazine, Arizona Attorney, is a surprisingly good read and every month there’s an article that deserves your full attention.   This month, that article is entitled Broemmer v. Abortion Services of Phoenix, Ltd.: Arizona’s Curious Contribution to the Law of Contractual Arbitration.  The Broemmer case, at 840 P.2d 1013 (1992), is in numerous … Continue reading Quaint Remembrances of Contract Law and Arbitration →