In an earlier episode, we established that there is widespread confusion about what the heck is the difference between a BATNA and MLATNA. I created this table for my negotiation class illustrating the relationships between WATNA, MLATNA, BATNA, bottom lines, and ZOPA. It is based on a simulation of a simple personal injury case. Hopefully … Continue reading Clarifying BATNA, MLATNA, WATNA, ZOPA and More
I join the nation in mourning over the loss of Justice Antonin Scalia this past weekend. Though I rarely agreed with his written opinions, he certainly did provoke and engage in healthy debates about critical issues, which are incredibly important to a functioning democracy. Having just published an article critiquing three of his most recent … Continue reading Justice Scalia and Arbitration
A belated Valentine’s Day post. The Harvard Law School Negotiators, a student organization seeking to provide students with opportunities to become involved in negotiation and dispute resolution work, hosted a program entitled Negotiating Love: Interpersonal & Romantic Relationships. The program, moderated by Rachel Viscomi, focused on the importance of interpersonal negotiations in romantic relationships and … Continue reading Negotiating Love: Interpersonal Negotiation & Romantic Relationships
Most of us saw John’s post a few days ago regarding the open position of Director of the ABA Dispute Resolution Section (here). For those who were wondering what happened to David Moora, the former Director, here is the announcement: After serving as Director of the ABA Dispute Resolution Section for five years, … Continue reading ABA DR Section – What happened to the former Director?
From FOI, Professor Elayne E. Greenberg, St. John’s University School of Law: It is my great pleasure to announce that the nationally respected dispute resolution and procedural justice scholar Donna Shestowsky, a professor of law and Martin Luther Kind Jr. Scholar at UC Davis, will receive St. John’s 2016 Mangano Dispute Resolution Advancement Award. The … Continue reading Congratulations to Donna Shestowsky!
Nancy Welsh, Chair-Elect of the ABA Section of Dispute Resolution, sent the following job announcement for the Section Director, which is based in Washington DC. ORGANIZATION: The Section of Dispute Resolution is the principal home within the American Bar Association for lawyers and non-lawyer associate members engaged in all facets of dispute resolution—as third party … Continue reading Wanted: Director of ABA Section of Dispute Resolution
Ramona Lampley (St. Mary’s) has published Underdog Arbitration: A Plan for Transparency, in the Washington Law Review, in which she proposes an interesting solution to the lack of transparency in mandatory arbitration. Here is the abstract: The use of mandatory, pre-dispute arbitration clauses in consumer, employment, health-care, and even nursing home agreements is ever-increasing, even … Continue reading Lampley on “Underdog Arbitration”
The 2007 Carnegie Report recommended that law schools promote an apprenticeship of professional identity as well as of knowledge and skills. This has always been a concern of mine because lawyers need a professional compass to help guide them through the vast range of types of legal matters, clients, services (e.g., litigation or transactional), among … Continue reading Easy Assignment to Promote Law Students’ Apprenticeship of Identity
In a rare win for consumers, the Fourth Circuit decided that an arbitration agreement that precluded the arbitrator from applying federal or state law to decide disputes arising under the parties’ loan agreement was unenforceable because it precluded application of law. Read Lise Gelernter’s analysis posted on Workplace Prof Blog: http://lawprofessors.typepad.com/laborprof_blog/2016/02/4th-circuit-on-an-extreme-arbitration-waiver-case.html Hat tip to Rick … Continue reading Interesting Fourth Circuit Decision Precludes Consumer from Waiving Rights Under Federal Law
Since returning, I’ve received calls from those about to go and questions from others—what are the Cuban people like? And what do they think of Americans? The official Cuban policy, of course, is that the US policy has been shortsighted and narrow minded. And the list of US policies that need to change was also outlined … Continue reading Cuba–Do They Like Us?
