I am appointments chair for the second year in a row (aah!) and, after returning from Washington DC last week and starting the process of making further decisions, have been focusing just a bit on the character of any new faculty that we would bring on. It reminded me of two great books that I … Continue reading Nice is Not a Four Letter Word
Too often, mediated settlement agreements produce post-mediation litigation in which one party alleges that the mediated agreement was the product of fraud. By encouraging parties to employ standard contracting devices, mediators can help parties to avoid some of most challenging aspects of these fights—and hopefully avoid the fights altogether. Last week, Professor Ellen Deason posted … Continue reading In Praise of (Written) Representations in Mediated Settlements
Ironically, I was reading the latest articles in the Journal of Personality and Social Psychology relevant to negotiation when I heard about Ann Coulter’s diatribe last week regarding her “perfect world” in which everyone would be Christian. When challenged as to whether she actually meant this, she held fast, arguing that Christianity is like “Federal … Continue reading Why I Want to Negotiate with Ann Coulter
Carrie Menkel-Meadow is visiting Marquette yesterday and today as our Boden Professor. She gave a fabulous lecture last night on Cultural Variations on Restorative Justice: Case Studies of Chile, Argentina & China based on her travels in the last year. I’ll post more next week on the substance of her talk! Andrea Schneider
I just finished editing my piece for our symposium on plea bargaining, Cooperating or Caving In: Are Defense Attorneys Shrewd or Exploited in Plea Bargaining Negotiations? and, I must say, I am more and more uncomfortable with what I am saying each time I read it. Let me explain…. In 1999-2000, I did a study … Continue reading Are Defense Attorneys Shrewd or Overwhelmed?
For the past several years, I’ve been mulling through the implications of procedural justice in mediation and other forms of dispute resolution. Procedural justice is, simply enough, the justice of the procedures used to make decisions and resolve disputes. Researchers “discovered” procedural justice in the 1970s, as the American administrative state experimented with ways to … Continue reading The Relationship Between Justice and Status in Dispute Resolution
