In my earlier post about Charles Craver’s most recent article, I find myself in agreement with most of what he says including his description of WIN-win negotiators. But there must be something that I disagree with him about, and that is true. Craver claims that comment 2 to Rule 4.1 “unequivocally acknowledges” that settlement intentions … Continue reading Negotiation Ethics for Real World Interactions (Part II)
That is the title of Charlie Craver’s article in the most recent edition of the Ohio State Journal on Dispute Resolution. And yes, it’s about my favorite topic these days, negotiation ethics. Craver comes from the realpolitik school of negotiation, and if you didn’t already know this, his article makes that quite clear. I like this … Continue reading Negotiation Ethics for Real World Interactions
I co-taught an Intensive Negotiation course last week (an exhausting 28 credits in one week), and I wanted to do an exercise demonstrating value creation to help dispel the fixed-pie bias. In my smaller, regular negotiation classes, I typically do a Snack Exchange exercise modified from the version created by Jay Folberg. But I didn’t … Continue reading Value Creation Exercise
Monday August 30th is the deadline to respond to the RFP for the ABA DR Section Conference in Denver on April 13-16, 2011. My original post announcing the RFP w/ a link to the announcement and submission web site can be accessed here. If you’re like me, you’ll be getting your proposal(s) in at the wire. 🙂
A New York lower court has denied a “feeder” hedge fund’s motion to vacate an arbitration award issued by a majority of an American Arbitration Association panel in connection with an investor’s claim against the fund for losses related to the Madoff Ponzi scheme. In Wiederhorn v. Merkin (601265/2010), New York Supreme Court, New York County, … Continue reading NY Lower Court Confirms Madoff-Related Arbitration Award
The New York Times just ran an article (full text below) describing the more careful examination some judges are providing to possible settlements related to financial institutions’ misdeeds. The role of judicial review of settlements is not new, as anyone familiar with Federal Rule of Civil Procedure 23 knows. The public scrutiny of that judicial … Continue reading Assessing Settlements – Judicial Deference, the Feds, & the Banks
Until this evening, I had no familiarity with the Bell Labs study, examining predictors of high levels of performance in the workplace. Their study suggested that it wasn’t grades, or other kinds of academic success, and it wasn’t even IQ or other typical academic-success predictors. Instead, after some years of study, they named at least … Continue reading High-Performance in the Workplace
The AALS Dispute Resolution Section’s Executive Committee is seeking a host for the 5th Annual Works-in-Progress Conference to take place in the fall of 2011. The RFP is in its entirety below. And don’t forget that this year’s WIP Conference will be taking place at the University of Oregon School of Law and promises to be … Continue reading Request for Proposals – 2011 AALS ADR Section Works-in-Progress Conference
Robert Axelrod, surely familiar to most of us who teach dispute resolution, co-authored an Op-Ed in the New York Times shortly after the Supreme Court’s decision in Holder v Humanitarian Law Project. (Available here, and reproduced below.) Somehow, I missed this article when it first came out. Tip of the hat to Jen Reynolds for … Continue reading Axelrod on the Humanitarian Law Project Opinion
Today is the first day of Orientation for our incoming 1Ls, and it gives me time to reflect on the faculty roster changes in the ADR field. Here are those that I’ve been able to come up with so far. If I have missed one that you know about, please list that change in the comments below. Good luck … Continue reading ADR Faculty Roster Changes
