Litigation as Violence

I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence

How Can You Get a Piece of the Action?

In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?

Further Thoughts on Armstrong Arbitration Award

Kristen Blankley, who has written on the issue of perjury in arbitration and teaches dispute resolution and ethics courses at the University of Nebraska College of Law, offers additional thoughts (at my request) on the Armstrong arbitration award issued yesterday. From Kristen: Earlier this week, SCA Promotions, a Texas company, filed a motion in Texas … Continue reading Further Thoughts on Armstrong Arbitration Award

Conflict Resolution Quarterly Call for Papers

Here’s a call for papers from Susan Raines (Kennesaw State), the editor-in-chief of the Conflict Resolution Quarterly (CRQ). CRQ focuses on the role of the neutral in conflict resolution, the processes of conflict resolution, and the causes/cures of conflict at every level from the interpersonal to the international. Our journal prides itself on the importance … Continue reading Conflict Resolution Quarterly Call for Papers

Arbitration Panel Sanctions Lance Armstrong for Lying Under Oath in Previous Arbitration

Today, a tri-partite arbitration panel sanctioned Lance Armstrong $10 million, ordering him to pay that amount to a prize insurer (who insures price incentives for athletes), as punishment for lying under oath about doping during a previous arbitration among the same parties. SCA Promotions, Inc., the insurer, seeks confirmation of the award in a Texas … Continue reading Arbitration Panel Sanctions Lance Armstrong for Lying Under Oath in Previous Arbitration

Was the Mitchell-Hamline Negotiation a “Win-Win”?

As Art reported, William Mitchell and Hamline Law Schools plan to merge. Best wishes to all our friends at both schools. Both have wonderful DR colleagues and have been great innovators in legal education. Hopefully, people there will like the new arrangements. Of course, even positive change can be stressful and some people may not … Continue reading Was the Mitchell-Hamline Negotiation a “Win-Win”?

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