Category Archives: General

Negotiation and DSD Principles in a Pandemic

As so many business and institutions face economic hardship from the pandemic, our concepts of dispute resolution are more important than ever. Principles of system design–transparency, consult before deciding, and maintaining trust–are crucial. Similarly, avoiding bias and thinking creatively need to be used in making decisions. In the article linked here, entitled How Jewish Organizations Can … Continue reading Negotiation and DSD Principles in a Pandemic →

Dispute System Design Discussion on July 29

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The National Center for Technology and Dispute Resolution  hosted a panel discussion and book launch on Wednesday, July 29. The program is entitled “Dispute System Design for the 21st Century.” The book is Dispute Systems Design: Preventing, Managing and Resolving Conflict by Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith, published by Stanford … Continue reading Dispute System Design Discussion on July 29 →

Pepperdine’s Straus Institute Gets A Big Gift Endowing the Managing Director Position

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From Pepperdine’s press release: The Honorable Daniel Weinstein (Ret.) has made a generous $1 million gift to the Straus Institute for Dispute Resolution at the Pepperdine University Caruso School of Law. The gift will be used to strengthen the academic program and global reputation of the Straus Institute, which has been ranked as the #1 … Continue reading Pepperdine’s Straus Institute Gets A Big Gift Endowing the Managing Director Position →

How Many People Will Preventably Die or Get Ill if Universities Hold Classes in Person? – Part 1

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This fall, American universities will face their modern rendezvous with destiny as they make momentous decisions whether to protect large communities from death and disease.  Most universities plan to conduct in-person classes and are likely to become semester-long virus incubators if they stick to those plans. The situation would be very different if all government … Continue reading How Many People Will Preventably Die or Get Ill if Universities Hold Classes in Person? – Part 1 →

The MGM Shooting Mediation and An Obvious Conflict of Interest

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You likely remember the MGM Mandalay Bay mass shooting from a couple of years ago.  With approximately 4500 plaintiffs, the case was mediated by two former state court trial judges (one from Las Vegas and the other from Los Angeles) resulting in a structured settlement like many mass tort claims are. It turns out that … Continue reading The MGM Shooting Mediation and An Obvious Conflict of Interest →

BATNA’s Got to Go — and Here’s a Better Idea

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In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon.  That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go — and Here’s a Better Idea →

Kristen Blankley: New Opportunities for Pro Bono in a Pandemic

From TFOI Kristen Blankley: COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others. We all have substantive and process expertise in different areas, which means that we should have a great ability to fulfill our aspirational (or, … Continue reading Kristen Blankley: New Opportunities for Pro Bono in a Pandemic →

Mediate.com Publishes “Seven Keys to Unlock Mediation’s Golden Age”

Recently, mediate.com initiated publication of a series of pieces entitled Seven Keys to Unlock Mediation’s Golden Age.  Here’s the introduction. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession, Technology, Government and Usage.  Each key has between two … Continue reading Mediate.com Publishes “Seven Keys to Unlock Mediation’s Golden Age” →