Occupy Arbitration? Judicial Nonviolent Resistance

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Over the past 18 months, the Supreme Court has become increasingly brazen in using the Federal Arbitration Act to cut off procedural rights–and in the process substantive rights–established by Congress and state legislatures. Through its decisions in Rent-a-Center, Stolt-Nielsen, and Concepcion, the Court has handed the Chamber of Commerce a simple recipe for relieving itself of many of … Continue reading Occupy Arbitration? Judicial Nonviolent Resistance →

FINRA’s Board of Governors to Consider Several DR Proposals

Tomorrow, FINRA’s Board of Governors is holding its December 2011 meeting, and on its agenda are several rule proposals in the Dispute Resolution area.  FINRA has been very active in continuously reforming and updating its Codes of Procedure for arbitration and mediation, to address concerns and critique from its various constituents.   The proposals related to FINRA … Continue reading FINRA’s Board of Governors to Consider Several DR Proposals →

John Lande (Missouri) – Teaching Students to Negotiate Like a Lawyer

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Finishing up on the Wash U ADR roundtable, here is the discussion surrounding John’s paper.  Not surprisingly John states that our teaching goal is teach students to negotiate effectively.  One criticism he has of the current method is that we tend to focus on negotiating w/ counterparts on the “ultimate” negotiation that is limited to … Continue reading John Lande (Missouri) – Teaching Students to Negotiate Like a Lawyer →

Ganson on Business and Conflict Prevention

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Brian Ganson (University of Stellenbosch Business School, Cape Town, South Africa) has published a paper with the Geneva Peacebuilding Platform (2011, Series Paper No. 2) in connection with their conference on “Strengthening International Support for Conflict Prevention.” From the Introduction: Practitioners, scholars and institutional actors focus on the predatory aspects of business in fragile environments … Continue reading Ganson on Business and Conflict Prevention →

Overheard at Wash U’s New Directions in ADR and Negotiation program

This is out of context and in no particular order: Caucus is the refuge of cowards there are no ideological virgins I know we’re talking about author X’s paper, but I really want to comment about author Y’s paper instead Immediately afterwards from Author X – I want to comment on author Y’s paper too. … Continue reading Overheard at Wash U’s New Directions in ADR and Negotiation program →

Andrea Schneider (Marquette) – Labels Suck, er ah, Stink

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When writing her text books w/ co-authors, Andrea found that the headings and labels used in writing the book created confusion and disagreements.  Labels hide the reality of what negotiators do, what they need to do in order to be effective.  Many different labels overlap or describe or the same thing.  But behaviors and skills … Continue reading Andrea Schneider (Marquette) – Labels Suck, er ah, Stink →

Jen Reynolds (Oregon) – How Commitments Shape Interests

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How to negotiate durable agreements.  People can want to change but may be committed to things that keep that change from happening.  This is because interests are context dependent. Look at the following literatures: miswanting literature – we don’t really know what we always want, altruistic negotiation literature – somebody has to bite the bullet … Continue reading Jen Reynolds (Oregon) – How Commitments Shape Interests →

Jim Cavallaro/Stephan Sonnenberg (Stanford) – Bringing Conflict Resolution Strategies to Human Rights Clinics

Jim and Stephan are creating a human rights / conflict resolution clinic at Stanford and looking at how best to merge these two fields.  Here’s a list of the skills they want as part of the pedagogy for their clinic Basic human rights & conflict resolution technology Critical analysis Stakeholder mapping – interviewing Fact finding … Continue reading Jim Cavallaro/Stephan Sonnenberg (Stanford) – Bringing Conflict Resolution Strategies to Human Rights Clinics →

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