Category Archives: General

Overheard at Wash U’s New Directions in ADR and Negotiation program

This is out of context and in no particular order: Caucus is the refuge of cowards there are no ideological virgins I know we’re talking about author X’s paper, but I really want to comment about author Y’s paper instead Immediately afterwards from Author X – I want to comment on author Y’s paper too. … Continue reading Overheard at Wash U’s New Directions in ADR and Negotiation program

Andrea Schneider (Marquette) – Labels Suck, er ah, Stink

When writing her text books w/ co-authors, Andrea found that the headings and labels used in writing the book created confusion and disagreements.  Labels hide the reality of what negotiators do, what they need to do in order to be effective.  Many different labels overlap or describe or the same thing.  But behaviors and skills … Continue reading Andrea Schneider (Marquette) – Labels Suck, er ah, Stink

Jen Reynolds (Oregon) – How Commitments Shape Interests

How to negotiate durable agreements.  People can want to change but may be committed to things that keep that change from happening.  This is because interests are context dependent. Look at the following literatures: miswanting literature – we don’t really know what we always want, altruistic negotiation literature – somebody has to bite the bullet … Continue reading Jen Reynolds (Oregon) – How Commitments Shape Interests

Jim Cavallaro/Stephan Sonnenberg (Stanford) – Bringing Conflict Resolution Strategies to Human Rights Clinics

Jim and Stephan are creating a human rights / conflict resolution clinic at Stanford and looking at how best to merge these two fields.  Here’s a list of the skills they want as part of the pedagogy for their clinic Basic human rights & conflict resolution technology Critical analysis Stakeholder mapping – interviewing Fact finding … Continue reading Jim Cavallaro/Stephan Sonnenberg (Stanford) – Bringing Conflict Resolution Strategies to Human Rights Clinics

Live Blogging (Almost) – New Directions in Negotiation & Dispute Resolution

Jen, Andrea and I are at Washington University (St.Louis) at the above referenced workshop presenting works-in-progress and hope to have some quick reactions to what’s happening here.  There’s a great room of commenters from a number of schools, but too many to list.  Thanks to Karen Tokarz for putting this together.  Stay tuned for more. . … Continue reading Live Blogging (Almost) – New Directions in Negotiation & Dispute Resolution

Negotiation Theory as Scientific Knowledge

In the fall issue of the New York Dispute Resolution Lawyer, Laura Kaster reports on a case that brings together my two fields–Evidence and ADR–in a way I’ve never seen before. The case, Lucent Technologies, Inc. v. Microsoft Corp. (2011 WL 5513225), is a long-running patent dispute in which Lucent claims Microsoft infringed by incorporating … Continue reading Negotiation Theory as Scientific Knowledge

Giving Thanks

As I close up shop at the office (P&T committee work, check – dean search committee task, check – article draft done, check. . . . ok, almost check but should be done by noon tomorrow), I feel very thankful this year – more so than any year before because of health and family related items.  However, other … Continue reading Giving Thanks

Kuttner on the Works-in-Progress Conference

The 5th Annual AALS ADR Section Works-in-Progess Conference took place at Creighton University Law School in Omaha earlier this month.  Ran Kuttner was the conference organizer and, according to all who were there, did a great job.  Here are Ran’s reflections on the conference and kudos to him and the rest of the crew at the Werner Institute. … Continue reading Kuttner on the Works-in-Progress Conference