A few weeks ago, the weekly Torah portion to be read in synagogues across the country dealt with the story of Jacob & Esau. Most of us know this story as a tale of deception—Rachel & Jacob plotting to fool Isaac into giving the eldest son’s blessing (which should have gone to Esau) instead to … Continue reading The Season of Brotherly Love
Scotus blog reported that the parties in Hall Street filed their supplemental briefing. See http://www.scotusblog.com/wp/uncategorized/new-layer-of-dispute-on-arbitration/#more-6207 for a story on this topic as well as a link to the briefs. The parties have until Monday, December 3rd to file reply briefs. While I am not certain that anyone other than Justice Roberts was behind the supplemental … Continue reading Supplemental Briefing Filed In Hall Street
Long ago and far away, I was one of the people who successfully advocated for the institutionalization of ADR in a state court system. But based on research conducted by Professor Bobbi McAdoo and others, I got pretty discouraged about what non-family civil, court-connected mediation had become—dominated by lawyers and a legal-and-litigation focus, characterized almost … Continue reading Communities of Practice and the Continuing Evolution of Mediation
You would think that negotiation professors would be among the best at picking and choosing their times to negotiate, right? We prepare, analyze our BATNA, come up with good options, set the mood, work on the relationship, order in food, and get set to have a wonderful collaborative experience. We also know when to avoid … Continue reading Black Friday and Avoiding Negotiation
At the conclusion of a mediation I did some years ago, one of the parties did something weird. Really weird. They said “thank you” to the other side. Had these parties mid-read the standard mediation script? The other party was clearly taken aback, and I remember feeling almost awkward. “Thank you”?! They were “supposed” to … Continue reading Thanks-Giving in Mediation
Most of the conflicts about which I know anything, I learned about through reporters. And today, I wonder what I should think about that. At a conference I attended yesterday, on “Interest-Based Reporting,” faculty from the University of Oregon School of Journalism and Communication and the University of Missouri’s Center for Conflict, Law, and the … Continue reading Interest-Based Reporting
Today, the Court issued an order requesting supplemental briefing from the Hall Street Parties. The order is as follows: ORDER IN PENDING CASE 06-989 HALL STREET ASSOC. V. MATTEL, INC. The parties are directed to file supplemental briefs addressing the following questions: (1) Does authority exist outside the Federal Arbitration Act (FAA) under which a … Continue reading Supreme Court Orders Additional Briefing in Hall Street
Strikes that get played out in the news are interesting public displays of negotiation positions that we are often not privy to otherwise. In the strike of the Writers Guild of America, their position, as expressed in the New York Times by Damon Lindeloff (the co-creator and head writer for the television series Lost) is … Continue reading Missing Jon Stewart and What the Writer’s Guild Strike Has to do with Negotiation
Leonard Riskin and I have written an article that will appear in the summer issue of the George Mason Law Review. Because we are concerned that many mediation sessions are characterized by a narrow, law-and-litigation-oriented problem definition, the article proposes several mechanisms to encourage parties to choose the problem definition for their mediation. Do they … Continue reading Emotions and Problem Definition in Mediation
We will soon read about a Department of Justice initiative to decrease online public access to criminal plea agreements. I know this because the ABA Section of Litigation sent me an email yesterday, announcing the contents of the January 2008 issue of Litigation News, one part of which will be devoted to the topic of … Continue reading Access to Plea Agreements
