Kristen Blankley (Nebraska) recently published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses” in the Creighton Law Review, available here. The abstract: The audience for the topic of dispute resolution usually consists of neutrals and litigation professionals. This Article, by contrast, is written for the transactional attorney. Transactional attorneys have an important role in … Continue reading Blankley on Pre-Dispute Resolution Clauses →

As you may or may not know, the University of Houston School of Law sued the Houston College of Law, which changed its name from the South Texas School of Law over the summer, for trademark infringement.  The Houston College of Law lost a TRO hearing on the matter, and has agreed to change it’s … Continue reading The Law School with No Name – for this week, at least →

Stacie Strong (Missouri) has several recently published articles and several forthcoming articles. Here is the list: Arbitration of Trust Disputes: Issues in National and International Law (Oxford University Press, 2016). The book itself is available here and the opening chapter is here. “The Reasons Behind Reasoned Arbitration Awards,” 34 Alternatives to the High Cost of … Continue reading Strong on Arbitration and Other Topics →

Noam Ebner (Creighton) has recently published “Negotiation and Conflict Resolution Education in the Age of the MOOC” in the Negotiation Journal, available here. The abstract: Even as online learning is increasingly embraced by institutions of higher education, the past decade has seen the arrival of yet another new educational vehicle: massive online open courses (MOOCs). … Continue reading Ebner on Negotiation Education via MOOC →

Carrie Menkel-Meadow (Irvine) has several recently published articles. Here is the list: “The Future of Mediation Worldwide: Legal and Cultural Variations in the Update of or Resistance to Mediation,” in Essays on Mediation (ed. Ian Macduff 2016). download “Ethics of Compromise,” in the Global Encyclopedia of Public Administration, Public Policy, and Governance (2016). download “In … Continue reading Menkel-Meadow on Mediation, Transitional Justice, and Other Topics →

Many of us spend a lot of time thinking about and teaching our students about the fine art of listening.  So this morning when I found out about a law blog devoted to listening, Listen Like a Lawyer, I had to  check it out.  Jennifer Murphy Romig (Emory) curates the blog and describes it as … Continue reading Listen Like a Lawyer →

Doug Frenkel (Pennsylvania) and Jim Stark (Connecticut) recently published “Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?” in the Harvard Negotiation Law Review, available here. The abstract: When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions … Continue reading Frenkel and Stark on Mediation and Debiasing →