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
I am one of several people on the LEAPS committee who scans certain blogs to identify people who may not be familiar with LEAPS and let them know about it. So I subscribe to the Best Practices for Legal Education blog and the blog for IAALS, the Institute for the Advancement of the American Legal … Continue reading Resources about the FRCP and Legal Education
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
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
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
With no one to edit my language here :-), let’s call a spade a spade. My thanks to John and Art for starting a really interesting conversation about puffery. Teaching both ethics and negotiation, the crossroads of “puffing” in negotiation is something that I get to talk about twice. And it drives me crazy. It’s … Continue reading Puffing Sucks
So said the illustrious founder of our blog – at least until good taste or something else induced her to change the title of an article to the more borrrrrring, “Teaching a New Negotiation Skills Paradigm.” (On the other hand, it you really want to rack up the ssrn downloads, use a sexy title like … Continue reading “Labels Suck”
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?
I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.” Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen. I’m no expert … Continue reading To Puff or Not to Puff . . . (or When and How to Puff)
What a fun way to celebrate Conflict Resolution Day. Thanks to both Sharon Press (Hamline) and Bobbi McAdoo (Hamline) for sending it along. And did I get a glimpse of Sharon in that video?
