George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?

January 22, 2018 John Lande

From George J. Seidel, Williamson Family Professor of Business Administration and Thurnau Professor of Business Law at the University of Michigan’s Ross School of Business: Many thanks to John Lande, Hiro Aragaki, and Sanda Kaufman for their recent posts that have clarified the meaning of “BATNA.” BATNA is an important concept because it is often a … Continue reading George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power? →

Friends

January 18, 2018 John Lande

I sometimes get inquiries about acronyms FOI (friend of Indisputably), FOB (friend of the blog), and especially the coveted designation __FOI (___ friend of Indisputably), such as AFOI, BFOI etc. People want to know what the initial letters stand for. The answer is whatever you want them to stand for. For example, I identified Tim … Continue reading Friends →

Tim Hedeen: Good and Easy Class Exercise

January 18, 2018 John Lande

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 →

An Example of The Power of Apology and Forgiveness

January 16, 2018 John Lande

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 →

Women and the Law Conference Announcement

January 13, 2018 Andrea Schneider

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 →

ABA Section of Dispute Resolution Young Scholar Program

January 12, 2018 Jill Gross

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 →

Settlement Week in the Western District of New York

January 12, 2018 art hinshaw

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 →

Opioid Litigation & Judicial Role in Settlement

January 10, 2018 mmoffitt@uoregon.edu

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 →

For Pragmatic Romanticism

January 7, 2018 John Lande 1 Comment

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 →

Confusing Dispute Resolution Jargon

January 4, 2018 John Lande

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 →