As I just sent to our listserve as well, I am advising a committee for our state bar about the role of lawyer-mediators in drafting marital settlement agreements. The committee has already reached a consensus that it would like to permit mediators to draft mediation settlement agreements in family law cases. The key question for … Continue reading Lawyer Mediator Drafting of Agreements
In Part 1, I argued that there are fundamental problems with the system of negotiation models. In this part, I describe actual negotiation cases from my study to illustrate the problems. As you read about them, consider that I am now focusing primarily on problems with descriptive theory – basically a kind of language enabling … Continue reading Problems with the System of Negotiation Models, Part 2
I subscribe to the Best Practices for Legal Education blog, which has a lot of good posts. Here’s one by Michele Pistone (Villanova) suggesting that teachers carefully use words in defining their teaching and learning goals.
From my colleague, Professor Ellen Deason: Last week, UNCITRAL (United Nations Commission on International Trade Law) Working Group II (Arbitration and Conciliation) met in New York at the United Nations. I was privileged to attend as an observer sponsored by the Private International Law Interest Group of the American Society of International Law. Thank you … Continue reading Consideration of New UNCITRAL Convention Moves Forward
Touro Law Center has initiated a new Journal of Experiential Learning. Thanks to Best Practices for Legal Education blog for sharing the news.
I used to give my Negotiation students at Harvard a set of fieldwork experiments, assignments to go try out this or that concept in real life and report back. In my mind, I had pedagogically sound reasons for doing so. And for some years, it went either fine or great. And then one year, it went disastrously, … Continue reading Students Experimenting in the Field, or “The Pedagogical Value of a Can of Beans” (From David White)
SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, … Continue reading Oldies But Goodies
This comes from an email from Andrew Lee, negotiation professor extraordinaire in Beijing. I asked and received permission to post–I think it’s a great example of cross-cultural similarities and differences–let alone parenting challenges! With Wondermum Vivian taking daughter Meimei on a girl’s day, I was tasked with bringing little infant son Tintin to the toy store. … Continue reading Andrew’s Excellent Adventure in Toy Shopping
If you are interested in an career in dispute resolution and have an interest in academia, I encourage you to apply to become Ohio State University, Moritz College of Law’s next Langdon Fellow. You can apply at jobsatosu.edu. The deadline for applications is March 1, 2015. The position description follows. Please let me know if … Continue reading Langdon Fellow Position at Ohio State University, Moritz College of Law
A really, really interesting blog post by Brian Ganson on the HNMCP blog site. I have known Brian since my earliest days in mediation, and he has reliably challenged many of my assumptions about just what it is we do and how we ought to do it. An excerpt (but really you should read the … Continue reading Brian Ganson on Mediation and Advocacy
