My piece (w/ Jess Alberts) entitled Gender and Attorney Negotiation Ethics is now up on SSRN. Frequent Indisputably readers will remember that it was a part of last December’s Washington University New Directions in Negotiation and ADR Conference and appears as part of an ADR symposium issue in Wash U’s Journal of Law and Policy. The abstract is below. Building on a prior … Continue reading Gender and Attorney Negotiation Ethics
Friend of Indisputably, Kristen Blankley, provides this guest post on an two new cell phone apps to keep important information at your fingertips. Who says that the answers to complicated questions arising from negotiation strategy and legal ethics cannot be answered at the tip of your fingers? Thanks to two recently developed apps, they can. The first … Continue reading Negotiation and Ethics – in the Palm of Your Hand?
Earlier this month, the NLRB ruled that employers may not require employees to consent to the waiver of class rights as part of an employment arbitration agreement. The NLRB’s rationale was that the Fair Labor Standards Act and the Norris-LaGuardia Act guarantee employees the right to enforce their provisions through collective action. Now, in Sutherland … Continue reading SDNY Invalidates Class Waiver for FLSA Claim
Finishing up on the Wash U ADR roundtable, here is the discussion surrounding John’s paper. Not surprisingly John states that our teaching goal is teach students to negotiate effectively. One criticism he has of the current method is that we tend to focus on negotiating w/ counterparts on the “ultimate” negotiation that is limited to … Continue reading John Lande (Missouri) – Teaching Students to Negotiate Like a Lawyer
The Kellogg School of Management and the Dispute Resolution Research Center (Northwestern’s B-School and Law School) are hosting their 6th Negotiation and Teamwork Teaching Workshop on Saturday Nov. 12, 2011. I went to this workshop several years ago and found it very much worth my time. In fact, it caused me to change how I teach several topics, most … Continue reading Negotiation Teaching Workshop – Northwestern University
The Hugh Carey Center for Dispute Resolution at St. John’s hosted the third annual Securities Dispute Resolution Triathlon in Manhattan this weekend. Twenty-four student teams from law schools around the country participated in the competition, which requires them to negotiate, then mediate, then arbitrate a realistic securities dispute. FINRA neutrals serve as mediators, arbitrators, and … Continue reading Congratulations Dispute Resolution Triathlon Winners
That is the question raised by this post on the Legal Skills Prof Blog. The authors worry that the rise of technology-driven negotiations (e.g., software algorithms that can produce optimal settlement terms for parties) will replace the need for lawyers to negotiate for their clients. Really? Can we really automate the important search for underlying … Continue reading We don’t need to teach negotiation skills anymore?
While teaching at Hamline Law School (Go Pipers!) last week one of my students brought me an article from the Star Tribune asking the question, “what happened to compromise?” Using the backdrop of the work stoppage of the Minnesota state government, the NFL lockout, the NBA lockout, and the debt ceiling talks in DC, the article … Continue reading Putting the “Me” in Mediation
Or so the New York Times refers to my lovely state of Wisconsin…(You can read more about what’s going on here.) Wow! The images of protests taking over the state capital are gripping (and a particularly riveting way for our schoolchildren to learn about labor rights as their teachers march either in Madison or in … Continue reading The Tunisia of Collective Bargaining Rights?
My most recent article, entitled Teaching Negotiation Ethics, is now available for download on SSRN. The article’s title pretty much says everything you need to know about the piece. Nevertheless, a copy of the abstract is below. The teaching of negotiation ethics is not necessarily a happy endeavor. The black letter law of negotiation ethics leaves many instructors … Continue reading Teaching Negotiation Ethics
