OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways. (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David … Continue reading Tim Hedeen: Good and Easy Class Exercise
Our field aspires to promote restorative justice and healing when one person has wronged another. This can truly happen only when the person committing the wrong takes responsibility, typically reflected in an acknowledgment of having done the wrong and an apology. Forgiveness can help people restore themselves as morally acceptable members of society as seen … Continue reading An Example of The Power of Apology and Forgiveness
I am happy to announce that Professor Ellen Waldman and her colleague Susan Bisom-Rapp , along with a terrific organizing committee, are co-organizing a conference at Thomas Jefferson School of Law, which will be held on Friday, February 9th. The 18th Annual Women and the Law Conference is titled “Her Place at the Bargaining Table: … Continue reading Women and the Law Conference Announcement
I am passing along an announcement from the ABA Section of Dispute Resolution regarding its inaugural Young Scholar Program, which will sponsor young professionals interested in ADR who want to attend the Section’s April 2018 annual spring conference, this year in Washington DC. According to the Section’s Director, the Section will “invite him/her to serve … Continue reading ABA Section of Dispute Resolution Young Scholar Program
The US District Court for the Western District of New York pulled settlement week out of the dustbin to help clear some its back log in November 2017. For those who aren’t familiar with settlement week, a court designates a week to bring civil litigants and mediators to the courthouse in an attempt to resolve … Continue reading Settlement Week in the Western District of New York
Great article this morning from the National Law Journal, with someone misleading title: “Judge Orders Opioid Lawyers to Come Up With a Settlement Plan.” Available here and text excerpt below. As one who grew up, clerked in northern Ohio, and still names as “hometown” one of the (many) places hard hit by this crisis, I am … Continue reading Opioid Litigation & Judicial Role in Settlement
I had the good fortune to be one of Marc Galanter’s students when I was in graduate school. As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship. I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation. With the patient tutelage of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of … Continue reading Confusing Dispute Resolution Jargon
From Hiro Aragaki: First off, thanks to John Lande for pursuing this issue and calling attention to the real imprecision that sometimes attends our use of the term “BATNA.” If anything, I have learned through my off-line exchange with him and Sanda Kaufman that there is more confusion out there among scholars and practitioners than … Continue reading Hiro Aragaki: Things We Know and Think We Know About BATNA and WATNA
Here’s Sanda Kaufman’s response to my conversation with her and Hiro Aragaki. (Click the title of this post to see her piece.)
