Here is latest installment of ADR Scholarship Projects, compiled by Peter Reilly (Texas A&M). It is so wonderful to see all the fabulous work being produced by members of our community. Ava Abramowitz (GW Law) and Ken Webb (Kenn Webb Consulting, LLC) This is the third update on our research into what communication behaviors mediators … Continue reading ADR Scholarship Projects (June 2023)
In The Critical Importance of Pre-Session Preparation in Mediation, I explained why parties’ preparation for their mediation sessions can produce many significant benefits. This post suggests that preparation before mediation sessions is an important opportunity for parties to empower themselves. People have used the concept of “empowerment” in mediation in various ways, as I described … Continue reading Party Self-Empowerment from Preparation for Mediation Sessions
From my colleague, Rafael Gely: As you begin to prepare your courses for the next academic year, the National Academy of Arbitrators’ Research and Education Foundation (REF), an organization that provides funding that promotes research, publications, and education that contribute to the field of labor and employment arbitration, wanted to share with you the following … Continue reading ADR and Labor & Employment Law Resources
I had the good fortune to be Len Riskin’s colleague from 2000, when I arrived in Missouri, until he moved to the University of Florida in 2007. He now is a Visiting Professor of Law and Distinguished Senior Fellow at the Center on Negotiation, Mediation, and Restorative Justice at Northwestern University Pritzker School of Law … Continue reading Len Riskin Pulls It All Together in Managing Conflict Mindfully
{From Cynthia Alkon who can’t post at the moment!} During the conference on hybrid warfare and Negotiation at Vlerick Business school in Ghent, in a session titled, “The Impact of the Threat of Lawfare on Disputes, Conflict and Negotiations and their Information Bases” Noam Ebner and I discussed the notion of lawfare and its impact … Continue reading Lawfare, Lawyers, and Conflict Theory
I’m enjoying the first day of a conference on hybrid warfare and negotiation theory at the lovely Vlerick business school in Ghent, Belgium and will share a few presentations as I get them. This conference is part of Project Seshat, building on the conference we hosted at Cardozo last fall (articles forthcoming soon). This morning’s … Continue reading Weaponizing the Ladder of Inference
My colleague, Ilhyung Lee, pointed me to another graduation speech highlighting the importance of generally listening respectfully to and engaging with people we disagree with. He sent me a link to a speech by University of Chicago Law Professor Tom Ginsburg, entitled “Conversation and Democracy.” I had cited Bret Stephen’s speech and Jen Reynolds linked … Continue reading What We Do Is So Important
As those of you who were in Las Vegas for the ABA Conference know, the 2023 Frank E. A. Sander Award for Innovation in Dispute Resolution went to the House Select Committee on Modernization of Congress. Named for long-time Harvard Law School professor Frank Sander, the Frank E.A. Sander Innovation in ADR Award was established to recognize … Continue reading Sander Award Winners – Bipartisanship and Reform in Congress
Indisputably contributors Andrea Schneider, Sarah Cole, and I are at it again beginning work on Discussions in Dispute Resolution: The Next Generation, the 2nd book in the Discussions in Dispute Resolution series (order the first one here or here). The book will be a commentary on 16 essential ADR articles for the years 2000-2009, and … Continue reading Discussions in Dispute Resolution: The Next Generation
New York Times columnist Bret Stephens was the commencement speaker at the University of Chicago, and he published his speech, Go Forth and Argue. Arguing may seem like the antithesis of negotiation and mediation. But it’s not – at least not if we sincerely listen to others with differing views, are open to reconsidering our … Continue reading Go Forth and Argue
