Category Archives: General

Kuttner on the Wave/Particle Tension in Negotiation

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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 →

Hoffman on Mediation and the Art of Shuttle Diplomacy

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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 →

ABA DR Section Awards – Nomination Reminder

Just a reminder that nominations for the various awards to be handed out at the ABA Dispute Resolution Section meetings are due soon.  The awards are the D’Alemberte-Raven Award, for outstanding service in dispute resolution, the Lawyer as Problem-Solver Award, which recognizes individuals and organizations that use problem solving skills to forge creative solutions, and the … Continue reading ABA DR Section Awards – Nomination Reminder →

Justice Kennedy says fewer “big civil cases” on Supreme Court’s docket due to arbitration

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In an article about the Supreme Court’s docket of cases pending for its new term, New York Times’ reporter Adam Liptak quotes Justice Anthony Kennedy on the reasons why the Court’s docket is more heavily oriented towards criminal and First Amendment cases. Speaking to reporters at a judicial conference in August, Justice Kennedy stated, “The … Continue reading Justice Kennedy says fewer “big civil cases” on Supreme Court’s docket due to arbitration →

What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute?

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I just came across a case involving an ethics issue in mediation that I found interesting. Although the issue does not arise frequently, courts have considered whether a mediator can serve as a representative for one of the mediation parties in a subsequent dispute. The resolution often turns on the question whether the disputes are … Continue reading What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute? →

Zimmerman on Non-Class Mass Settlements

From my colleague Adam Zimmerman: When defendants settle cases involving a large group of people, they often won’t settle without some kind of “peace” — a binding release from nearly all of the potential plaintiffs. The decline of class action settlements, however, means that peace often comes through informal aggregate agreements — a practically binding … Continue reading Zimmerman on Non-Class Mass Settlements →

Not Exactly News

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The NY Times published an article today announcing that plea bargaining is often coercive due to potentially harsh criminal sentences. Potentially long sentences and the “trial penalty” are well-known facts to professionals in the criminal justice system. Defendants are regularly threatened with longer terms if they exercise their right to trial. Defendants who do not … Continue reading Not Exactly News →