I just finished grading my Civil Procedure exams for this semester. I was sorely tempted to give my students the facts of Mutual of Enumclaw v. Cornhusker Casualty Insurance Co, 2008 WL 4330313 (E.D.Wash. 2008) as the basis for my exam. The question demanded an understanding that was just a little too much for me … Continue reading The Erie Doctrine Meets the Uniform Mediation Act
American Caribbean Law Initiative (ACLI) Conference Call for Papers – Dispute resolution and restorative justice Port of Spain, Trinidad Tobago July 10-12, 2009 Deadline for Panel Proposals: February 1, 2009 Deadline for Paper Abstracts: February 15, 2009 The American Caribbean Law Initiative (ACLI) is requesting paper abstracts and panel proposals for its Summer 2009 … Continue reading Call for Papers in Dispute Resolution–Somewhere Warm Too!
Berkeley researchers have found new tests that can better predict success in the practice of law than the LSAT. Not suprisingly to those of us in the dispute resolution field, the skills missed by the LSAT but needed for successful practice include creativity, negotiation, and problem-solving. Berkeley law professor Marjorie Shultz and Berkeley psychology professor Sheldon … Continue reading Negotiation Skills on the LSAT?
Once again, Marquette is hosting a yummy party at the AALS meeting. The invitation and RSVP link is below. Looking forward to seeing you there! You are invited to a reception with Marquette law faculty attending the AALS Meeting in San Diego.January 9, 2009 9:00 p.m. – 11:30 p.m. San Diego Marriott Hotel … Continue reading Marquette Margarita Party
The news came down a few days ago that Princeton has settled the long-standing litigation involving the Robertson Foundation and the funds used to support the Woodrow Wilson School of Public and International Affairs. The press release describing the settlement should be standard fare for any ADR professor who aims to help students to understand … Continue reading Princeton can do Decision Analysis
ADRworld reports that: “In an effort to address the growing housing foreclosure crisis, New Jersey Gov. Jon Corzine (D) recently signed legislation appropriating over $12 million for state agencies to use in providing mediation services to homeowners facing foreclosure proceedings.” I know that Ohio has also been actively promoting the use of mediation to help … Continue reading $$$$ for foreclosure mediation
On the lighter side, today, one of my colleagues, Larry Garvin, sent me a link to the “Mediator March”, composed in 1915 by James M. Fulton (1873-1940). As Larry notes, it is odd to think of a march as representative of ADR, but, who knows? Here is a link: http://www.forgottenamericanmusic.com/recordings/The_Mediator_March.mp3 This weekend, Ms. Manners’ column … Continue reading The “Mediator March” and Ms. Manners
As I am finishing up the semester teaching dispute resolution and focusing on arbitration, we’ve been having lots of fun in class finding mandatory arbitration clauses in our life–credit cards, cell phones, apartment leases, etc. My favorite clause to teach is from Gateway computers which used to have a clause requiring arbitration under the International … Continue reading Mandatory Arbitration Limits?
So…if no one knew when you lied, would you do it? Would you lie to save money? Would you lie to save your client money? Would it matter the amount of money? I have often taught negotiation ethics using Richard Shell’s division of behavior–the idealists, the pragmatists and the poker-players. The poker players assume that … Continue reading As Honest As We Like to Think We Are
After thinking about Russell Korobkin’s thought provoking critique of Integrative Bargaining (Sean, thanks for the comments), my mind wandered back to an interesting exchange b/w my co-blogger Andrea and Russ. When Russ took the podium, he said he was ready to duck to avoid the rotten fruit and vegetables soon to be headed his way, … Continue reading Against Integrative Bargaining – coda
