This entire week we are celebrating ABA Mediation Week. Here is the ABA’s announcement of the event: Over the last few decades, the field of alternative dispute resolution has grown tremendously. The recognition that not all cases are well suited for the adversarial process and that there are multiple paths to justice is increasingly shared … Continue reading Happy Mediation Week!
From FOI Noam Ebner (Creighton): Assessing our Students, Assessing Ourselves, published this spring and unveiled at the American Bar Association’s Section on Dispute Resolution’ Spring Conference in Washington, D.C, is the third and most recent volume in the Rethinking Negotiation Teaching Project series. Edited by Noam Ebner (Creighton University), James Coben (Hamline University) and Christopher … Continue reading Ebner, Coben, and Honeyman on Assessing Students
The UN recently released its guidance for international mediators. Press release here. Formal document here. I can’t say that I’ve read it with great care. The first thing that jumped out at me was its treatment of the topic of impartiality. I would not have guessed the UN, in particular, to have been so insistent … Continue reading UN Guidance on Effective Mediation
David Larson (Hamline) and Chang Wang (Thomson Reuters) have placed Preparing To Negotiate in a Globally Diverse Environment: An Examination of Chinese and Jewish Perspectives on Truth and Lies. The abstract: What are a negotiator’s ethical and moral obligations during a negotiation? Should a negotiator be dedicated to achieving the greatest value possible for his … Continue reading Larson and Wang on Preparing To Negotiate in a Globally Diverse Environment
FOI Stacie Strong (Missouri) is serving as a Supreme Court Fellow this year in the Federal Judicial Center (FJC). She writes that applications for the fellowship are due November 30; more information here. It sounds like an incredible opportunity. Fellowships last one year and fellows work with one of four different agencies: the FJC; the … Continue reading Supreme Court Fellowship — applications due 11/30
Debra Berman and James Alfini have published Lawyer Colonization of Family Mediation: Consequences and Implications in the Marquette Law Review. From the introduction: The relationships among divorcing spouses, lawyers, and the courts have undergone significant changes over the past fifty years. The advent of no-fault divorce promoted experimentation with mechanisms that enhanced “private ordering” encouraged … Continue reading Berman and Alfini on Lawyer Colonization of Family Mediation
On the news and the blogs for the last few days has been a very impressive response to a nasty email in my home state of Wisconsin. (See Huff Post story here that has both the original segment from Tuesday and the Today Show segment from Wednesday. ) Many of us teaching negotiation talk about email communication, the … Continue reading Email Nastiness–and one very eloquent response
Ariana Levinson (Louisville) has placed What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims in the University of Michigan Journal of Law Reform. The abstract: This article contributes to the debate over mandatory arbitration of employment discrimination claims in the unionized sector, which, in light of the proposed prohibition on union waivers … Continue reading Levinson on Labor Arbitration Awards of Employment Discrimination Claims
Jill Gross (Pace) and Barbara Black (Cincinnati) will be publishing Investor Protection Meets the Federal Arbitration Act with the Stanford Journal of Complex Litigation. The abstract: In the past three decades, most recently in AT&T Mobility LLC v. Concepcion, the United States Supreme Court has advanced an aggressive pro-arbitration campaign, transforming the Federal Arbitration Act … Continue reading Gross and Black on Investor Protection and the FAA
Jonathan Cohen (Florida) has published two articles this summer: The Path Between Sebastian’s Hospitals: Fostering Reconciliation After a Tragedy and Conflicts as Inner Trials: Transitions for Clients, Ideas for Lawyers. Professor Cohen writes: “The Path Between Sebastian’s Hospitals: Fostering Reconciliation after a Tragedy” is a multi-year case study of a tragic event – the death … Continue reading Cohen on Fostering Reconciliation and Conflicts as Inner Trials
