The more intense the conflict, the more need for pre-mediation caucusing because the novice in the room is the driver of how fast or far along. Other than abuse or high intense conflict cases are the only indicators that pre-caucusing mediation is needed – otherwise there’s a need for investigation. He’s not a proponent of … Continue reading Mike Geigerman (Wash U Adjunct) – Pre-Mediation Caucusing
At Hamline Bobbi and Sharon (and others) have developed a new 1st year course called Practice, Problem-Solving and Professionalism and their paper describes their experiences teaching the first iteration of the course last year. In gathering information, they found that thinking about this as outside of “ADR.” Thus there should be something that all students … Continue reading Bobbi McAdoo/Sharon Press (Hamline) – Problem-Solving in the 1st Year Curriculum
Jennifer’s work on empathy is fantastic and she continues that line of schlolarship w/ the piece. Essentially she says that when addressing value-based problems, empathy is critical. The paper discusses how to teach empathy (yes, it can be done). Jen in conjunction with Larry Susskind have developed roleplays doing this (available at the Harvard PON) … Continue reading Jennifer Brown (Quinnipiac) – Practicing Empathy in Values-Based Negotiation Role Plays
Jen, Andrea and I are at Washington University (St.Louis) at the above referenced workshop presenting works-in-progress and hope to have some quick reactions to what’s happening here. There’s a great room of commenters from a number of schools, but too many to list. Thanks to Karen Tokarz for putting this together. Stay tuned for more. . … Continue reading Live Blogging (Almost) – New Directions in Negotiation & Dispute Resolution
In the fall issue of the New York Dispute Resolution Lawyer, Laura Kaster reports on a case that brings together my two fields–Evidence and ADR–in a way I’ve never seen before. The case, Lucent Technologies, Inc. v. Microsoft Corp. (2011 WL 5513225), is a long-running patent dispute in which Lucent claims Microsoft infringed by incorporating … Continue reading Negotiation Theory as Scientific Knowledge
As I close up shop at the office (P&T committee work, check – dean search committee task, check – article draft done, check. . . . ok, almost check but should be done by noon tomorrow), I feel very thankful this year – more so than any year before because of health and family related items. However, other … Continue reading Giving Thanks
In honor of the upcoming shop-a-thon known as Black Friday, I am linking to last week’s article in Newsweek about how we need to shop. The science behind this impulse is the same that we deal with negotiation in terms of how clients view risk, loss, and gratification. In full disclosure, here’s a picture of my most … Continue reading Beware Black Friday
The 5th Annual AALS ADR Section Works-in-Progess Conference took place at Creighton University Law School in Omaha earlier this month. Ran Kuttner was the conference organizer and, according to all who were there, did a great job. Here are Ran’s reflections on the conference and kudos to him and the rest of the crew at the Werner Institute. … Continue reading Kuttner on the Works-in-Progress Conference
I just read an interesting keynote speech by Suja Thomas, a law professor at the University of Illinois. In the speech (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1960032), Professor Thomas discusses access to courts and juries before and after the summary judgment trilogy. Professor Thomas also discusses the impact of the Supreme Court’s recent arbitration jurisprudence, specifcally, the Concepcion decision. She … Continue reading The Future of Summary Judgment, Arbitration and the Jury Trial Right
The AALS Dispute Resolution Section is seeking a host for the 6th Annual Works-in-Progress Conference in the fall of 2012. The WIP Conference has proven to be quite successful, and it has quickly become one of the “must attends” in the ADR field. Attendees at the recent conference at Creighton reported that Creighton and the … Continue reading Interested in Hosting the AALS Dispute Resolution Section 2012 Works in Progress Conference?
