In about a week, Russ Feingold will be visiting the University of Oregon. Most in the ADR community know Feingold best for his work promoting the Arbitration Fairness Act in the Senate for many years. This is not a “yay for us” posting. This is an “I need help” posting. As part of Senator Feingold’s … Continue reading What Would You Ask Russ Feingold ? (an actual request for help)
While in the midst of preparing for my upcoming negotiation class on culture, gender and race, I ran across an interesting (and discouraging) empirical study looking at the impact of race on eBay auctions that was recently posted on SSRN. The article is “Race Effects on Ebay” by Ian Ayres, Mahzarin Banaji, and Christine Jolls. … Continue reading “Race Effects on Ebay”
The Fordham Law Dispute Resolution Society is holding its Sixth Annual Alternative Dispute Resolution Symposium entitled: Judicial Review of ADR Processes: What Makes Sense? It will be on November 4, 2011 at Fordham Law School in New York. The keynote speaker will be Professor Nancy Welsh from Pennsylvania State University, Dickinson School of Law. The … Continue reading Fordham ADR Symposium
This year’s AALS ADR Section Works-in-Progress Conference will be taking place two weeks from today at Creighton Law School. The folks at the Werner Institute have put together a wonderful program that promises to please. The conference web site is here, the abstracts of the papers to be presented are here (btw – that’s a great … Continue reading 5th Annual AALS ADR Section WIP Conference, Nov. 4th and 5th
So I have been working on a book chapter stemming from the Beijing conference on Rethinking Negotiation last May concerning differences in negotiation behavior that we observed between Chinese law students and U.S. law students. I’m not ready to post on the chapter yet (!), but I did recently come across two different quotes and … Continue reading Lincoln v. Confucius: Shedding Light on Cross-Cultural Ethics?
Last week, we had wonderful talk entitled Blowing the Whistle on Whistleblowing Laws. Attorney Charles L. (Chuck) Howard is one of the few attorneys in the U.S. with extensive expertise in the legal issues of ombudsmen. Howard has a national practice in representing organizational ombudsmen at universities, multinational corporations, and research institutions. His new book, entitled The Organizational … Continue reading Ombuds Perspective on Whistleblowing Laws
Bob Mnookin (Harvard) published this op-ed in this past Monday’s Wall Street Journal. The opening: It’s hard to think straight when negotiating with an adversary you claim is evil, and Israel proved it last week. The usual problem is a refusal to negotiate at all. Here the Israelis made what seems to be a crazy … Continue reading Mnookin on Israel’s Deals with the Devil
Paula Young (Appalachian) has published two papers on teaching ethics in law school. Her 2011 article, Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, builds on her previous article, Teaching Professional Ethics to … Continue reading Young on Teaching Ethics
Ran Kuttner (Creighton) has posted The Wave/Particle Tension in Negotiation, forthcoming in the Harvard Negotiation Law Review. The abstract: Using the wave/particle duality, a central principle in quantum physics as a metaphor, this article describes two different modes of human interaction that a negotiator should be aware of when conducting her negotiations-within, i.e. her internal … Continue reading Kuttner on the Wave/Particle Tension in Negotiation
David Hoffman (Boston Collaborative Group) has posted Mediation and the Art of Shuttle Diplomacy. The abstract: Mediation caucusing — that is, separate meetings conducted by the mediator with some, but not all, of the parties — is widely used, but it has become increasingly controversial, as some mediators advocate for a no-caucus form of mediation … Continue reading Hoffman on Mediation and the Art of Shuttle Diplomacy
