The New York Times headline, Trump’s Legal Team Is Enmeshed in a Tangle of Possible Conflicts, is a gross understatement – and that was before the indictment in Georgia. According to the article, “Former President Donald J. Trump’s growing cast of lawyers is marked by a web of overlapping interests encompassing witnesses, co-defendants and potential … Continue reading What a Tangled Web
I was thrilled that my recent post, Focus on Party Decision-Making, prompted a stimulating conversation on the DRLE listserv, including thoughtful comments by Mary Bedikian, Doug Frenkel, Dwight Golann, Deborah Hensler, Charlie Irvine, Andrew Mamo, Cash Nickerson, Peter Philips, Jim Stark, Jean Sternlight, Nancy Welsh, and Roselle Wissler. This post discusses some issues in the … Continue reading Teaching Students to Focus on Party Decision-Making
Professor Kristen Blankley (Nebraska) recently published A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters. This article considers the state of federal court jurisdiction to hear arbitration matters in the wake of the 2022 decision of Badgerow v. Waters. Here’s the abstract: The Supreme Court’s 2022 Badgerow v. Waters decision attempts to … Continue reading Blankley: A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters
I recently sent a message on the DRLE listserv about a transition in managing it and the DRLE website from Jim Levin and me to our University of Missouri colleagues, Ilhyung Lee and Paul Ladehoff. Missouri has been managing them for more than 20 years, and lots of people wrote lovely notes thanking us for … Continue reading Metaphors for Our Movement
A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes. Attorneys often acted paternalistically, taking control over virtually every aspect of the cases. The legal system … Continue reading Focus on Party Decision-Making
Last Monday, Adam Grant published an interesting article in the NYT, discussing how using weak language “I might be wrong” or “I hope” and disclaimers like these might help women in negotiations. In multiple experiments, women who used this kind of “hedging” language were deemed more likely to be hired and more likely to get … Continue reading I might be wrong but…here’s a few articles on gender from the summer
From Dilyara Nigmatullina: Introduction In September 2022, a team of researchers from the Faculty of Law of the University of Antwerp (Law Enforcement Research Group) and Conflicool (a not-for-profit organisation dedicated to the amicable resolution of disputes) conducted a large-scale empirical study on dispute resolution culture in Belgium. The study was undertaken via a survey … Continue reading A Study on Dispute Resolution Culture in Belgium: An Invitation to Share Your View on Key Results
On Tuesday, August 1, 2023, the upper chamber of the Indian Parliament (Rajya Sabha) passed the new national mediation bill that had been pending for about two years. It marks the end of many, many years in the making of backroom discussions and negotiations, including the work of the Expert Committee on Mediation, Supreme Court … Continue reading New Mediation Law for India
For those of you who don’t live in the Colorado River watershed, you might not know much about the Colorado River Compact and the negotiations among the watershed’s 7 states to divide the river’s water. In 1922 the 7 states negotiated the Compact “to provide for the equitable division and apportionment of the use of … Continue reading JB Hamby, California’s Top Water Negotiator
Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic. The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is … Continue reading Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System
