Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases. In real life, practitioners generally think of law in terms of Oliver Wendell Holmes’s famous definition: “prophecies of what the courts will do in fact.” Of … Continue reading The Role of Law in Legal Disputes
On Monday September 13, 2021 (beginning at 12:10 eastern), Alexandra Carter will deliver The Ohio State University Moritz College of Law’s 2021 Lawrence Lecture on Dispute Resolution: “Ask for More.” Here is the description from OSU’s website. Negotiation is not a zero-sum game. It’s an essential skill for your career that can also improve your … Continue reading ALEXANDRA CARTER TO DELIVER MORITZ’S 2021 LAWRENCE LECTURE
From my colleague, Ilhyung Lee, Director of Missouri’s Center for the Study of Dispute Resolution: The University of Missouri School of Law invites applications for one full-time tenure-track or tenured position. Senior lateral candidates should have a national reputation for distinguished scholarship and a record of excellence in teaching. Entry-level and junior lateral candidates should … Continue reading Missouri is Hiring Entry-Level or Lateral Faculty
The Association for Conflict Resolution of Greater New York and the John Jay College of Criminal Justice in the City University of New York recently hosted an interesting breakfast roundtable featuring Gary Friedman, discussing his unfortunate tenure as a local elected government official. You may recall that this was the subject of a series of … Continue reading More on Gary Friedman’s Not-So-Excellent Adventure in Politics
I’ve been asked by Sharon Jacobs to post the following announcement by Colorado who tells me they are especially interested in those teaching ADR/negotiation/mediation: Hiring Announcement: University of Colorado Law School The University of Colorado Law School invites applications from entry-level and lateral candidates for one or more full-time, tenured or tenure-track faculty positions to … Continue reading Colorado Hiring in ADR
The Africa Arbitration Academy (AAA) and The African Legal Support Facility (ALSF) have launched a Survey on Costs and Disputes Funding to understand from the perspectives of users of litigation and arbitration in Africa. This is a significant effort to gather important empirical data about the costs of dispute resolution in Africa, which will help … Continue reading New Survey on Costs and Disputes Funding in Africa
People often say that dispute resolution processes aren’t “one size fits all.” When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case by case” decisions. They are telling the truth. Lawyers make complex decisions as negotiators, litigation advocates, and mediators based on a lot of factors, so … Continue reading Teaching Students to Think Like Practitioners
When President Trump was in office, I wrote a series of posts about his negotiation skills (or lack thereof) based on contemporary news accounts. Despite having Republican majorities in both houses of Congress for his first two years in office, he generally was unable to negotiate for enactment of his policy objectives, most notably to … Continue reading A Tale of Two Negotiators
FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?,” published in the Cardozo Journal of Conflict Resolution (and available on SSRN). Press and Deason’s article explores concepts from the book, Me and White Supremacy, as applied to the practice, process, … Continue reading A Conversation about Whiteness and Mediation
The ABA Section of Dispute Resolution published three books this year that you, your colleagues, and your students might be interested in. Mediating Legal Disputes: Effective Techniques to Resolve Cases, Second Edition, by Dwight Golann. Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making, Second Edition, by Jennifer K. Robbennolt and … Continue reading Three New ABA Books Hot Off the Press!
