Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule

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“Oh Boy! A fight.” That’s often what I say in class when students vigorously disagree.  I like these “fights” because they usually lead to helpful discussions that clarify differing views. So when Andrea wrote her post, Puffing Sucks, I thought, “Oh Boy! A fight.” She argues that puffing is “[l]ying, through and through,” and that … Continue reading Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule →

Testing Assumptions about Consumer Understanding of Arbitration

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Arbitration critics often make assertions about the impact of arbitration clauses hidden in the fine print of employment and consumer contracts. In the short film Lost in the Fine Print, for example, Robert Reich bases much of his critique of what the movie calls “forced arbitration” on the lack of meaningful consumer understanding of—and therefore … Continue reading Testing Assumptions about Consumer Understanding of Arbitration →

Navot on Tools for the Clinical Professor

Donna Erez Navot (Wisconsin) recently published an article entitled Tools for the Clinical Professor: Applying Group Development Theory to Collaborative Learning in Law School Mediation Clinics. An abstract is below and the article can be downloaded here.   This article examines the theory of group development and collaborative learning as applied to the small group … Continue reading Navot on Tools for the Clinical Professor →

What is Negotiation?, Part 2

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We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if it was largely irrelevant to the information available and the dynamics in negotiation. I base … Continue reading What is Negotiation?, Part 2 →

Professor Jill Gross to give Hopkins Lecture on Arbitration on November 12th

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Our wonderful colleague and fellow blogger, Jill Gross, has been named the James D. Hopkins Professor of Law at Pace Law School. She will be giving a lecture on November 12, 2014 at noon at Pace, entitled, “Setting the Record Straight: The Supreme Court and 21st Century Arbitration”. We at the blog are very proud … Continue reading Professor Jill Gross to give Hopkins Lecture on Arbitration on November 12th →

What is puffing?

John’s interesting post below leads me to ask a definitional question, what is puffing?  Some people believe it to be a broad term describing all dissembling in negotiation and other see it more narrowly, simply as exaggerating the positive qualities of an item.  It sounds like John’s definition is the former, while David Hoffman, author … Continue reading What is puffing? →

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