The quarterly edition of the Moritz College of Law’s Mayhew-Hite Report on Dispute Resolution in the Courts, a joint publication of the Moritz Program on Dispute Resolution and the Ohio State Journal on Dispute Resolution, is available at: http://moritzlaw.osu.edu/epub/mayhew-hite/2012/12/381/ Highlights of this issue include a transcript of Ken Feinberg’s Lawrence Lecture, given at Moritz last … Continue reading New Issue of Mayhew-Hite Report on Dispute Resolution and the Courts Available →

I started the New Year by welcoming a new member of the family, Ernest, my ten week old Welsh Corgi Puppy.  In the grand Indisputably tradition (thank you Andrea!) I am posting a photo of the world’s cutest Welsh Corgi Puppy. My new puppy is named in honor of Ernest Shackleton, one of the great … Continue reading In Honor of Ernest Shackleton →

Last week the New York Times reported an interesting, and unusual, use of restorative justice in a murder case in Florida.  The parents of a young woman who was killed by her boyfriend, along with the boyfriend, his parents, and the prosecutor, all participated in a pre-trial restorative justice process.  Ultimately the prosecutor offered a plea … Continue reading Restorative Justice for Murder? →

Ever since I learned that George Friedman would be retiring at the end of 2012, I struggled to write a fitting tribute to him and his many accomplishments as Director of Arbitration at FINRA for the past fourteen years.  In lieu of continuing my struggle, I reproduce below a wonderful tribute authored by Rick Ryder … Continue reading FINRA Dispute Resolution Director of Arbitration Retires →

Many of us use a version of the prisoner’s dilemma game as part of our negotiation courses.  In the game, participants have the choice of cooperating with others to get a minimal reward, or they can increase their winnings by taking advantage of everyone else.  After the students play the game, I introduce Robert Axelrod’s … Continue reading Rethinking Tit-for-Tat →

Hattip to Friend of the Blog Jean Sternlight for sending this article along.  In today’s Washington Post blog, the author argues that the fiscal cliff negotiations are pehaps the greatest test yet of the Harvard Negotiation Project.  As Carrie Menkel-Meadow notes in the article, “If we ever had a president who has learned the science of … Continue reading Harvard to Blame if We Go Off Fiscal Cliff? →

Shortly after the 2011 debt crisis, I wrote a post titled “Neutral in Chief?” in which I suggested that, while President Obama was perceived to have “lost the debt crisis negotiation,” he may not have seen himself in the role of negotiator at all. He may in fact have seen his role closer to that … Continue reading From Neutral in Chief to Bargainer in Chief →

Friend of Indisputably Jean Sternlight sent a message out to the list serv this morning about UNLV’s decision to hire a new tenure-track ADR position.  She asked me to post the listing in its entirety here.  It sounds like a good gig, and getting the opportunity to work closely with Jean will be a treat.  … Continue reading Tenure-Track ADR Position Opening at UNLV →

The NY Times published a little piece about negotiation and the gender wage gap on Friday. You can read it here.

Jeff Kichaven, a thoughtful, experienced, and talented L.A. lawyer and mediator recently posted an article entitled, “The Mediation Advocate’s Bill of Rights” at mediate.com and at law360.com.  Link here. I am not entirely persuaded that this is a bill of rights. I am not entirely persuaded that this is universally applicable to all forms of … Continue reading Kichaven’s “Mediation Advocate’s Bill of Rights” →