What I’m Reading – Changing Minds

To resolve a dispute, one or more people need to change their minds.  Negotiation and mediation involve techniques to help people do just that. Obviously, this can be very difficult.  People have reasons for their positions and they may not change them easily. This post focuses on two approaches for changing minds, which are highlighted … Continue reading What I’m Reading – Changing Minds

What I’m Reading – High-Powered Lawyers Protecting a Ruthless Drug-Dealing Mob

People in every demographic group and every part of the country became hooked on powerful drugs.  Many lost their jobs, savings, homes, and families and they became ensnared in the criminal justice system.  Hundreds of thousands died from drug overdoses.  Communities were decimated. The drug pushers were protected by high-powered lawyers like Mary Jo White, … Continue reading What I’m Reading – High-Powered Lawyers Protecting a Ruthless Drug-Dealing Mob

What I’m Reading – What We’ve Got Here is Failure to Communicate

It’s a damn miracle that people ever understand each other. A recent episode of the This American Life podcast provides ample illustration.  Entitled, What We’ve Got Here is Failure to Communicate, the podcast tells several, mostly discouraging, stories.  (Click here for the source of this phrase.) One story describes special challenges due to the covid … Continue reading What I’m Reading – What We’ve Got Here is Failure to Communicate

Simulations Based on Actual Cases – Why Reinvent the Wheel?

From Debra Berman: I know there have been many discussions over the years regarding how to effectively use simulations in negotiation and mediation classes.  After reflecting on my semester, I’d like to take this opportunity to reopen the conversation and provide you with my perspective. This year, I decided to substantially change how I utilize … Continue reading Simulations Based on Actual Cases – Why Reinvent the Wheel?

DR Professor Meet-Up Thursday, Dec. 2 at 1 EST

From Debra Berman: Dear colleagues, I hope you all had a wonderful holiday.  As we get back into the swing of things, I’d like to take this opportunity to remind you about an event this week.  Please join the ABA Legal Education in Dispute Resolution (LEDR) Committee for its inaugural DR professor virtual meet-up this … Continue reading DR Professor Meet-Up Thursday, Dec. 2 at 1 EST

How Mediators Can Solve Tough Problems in Mediation

In a recent presentation to mediators in Michigan, I asked the audience to describe what was frustrating in their mediations.  They often struggle when lawyers and parties are not prepared when they go to mediation, have unrealistic expectations, and act very emotionally. Their reactions prompted me to write this short article in the Michigan Dispute … Continue reading How Mediators Can Solve Tough Problems in Mediation

The City of St. Louis’ Lawsuit Against the NFL Resolves in Mediation

In the biggest civil case you haven’t heard much about, the City of St. Louis (along with other public entities) and the NFL settled the litigation surrounding the Rams’ move to Los Angeles.  The case settled for $790 million, but the NFL was reportedly readying itself to pay up to $1 billion and maybe even … Continue reading The City of St. Louis’ Lawsuit Against the NFL Resolves in Mediation

OSU seeks staff attorney for DCP and Mediation Clinic

The OSU Moritz College of Law and the Divided Community Project seek a staff attorney to supervise students in OSU’s longstanding mediation clinic and support a collaborative, interdisciplinary project focused on race equity initiatives. We hope to fill this position before the new year. If you know of interested candidates who have two to five … Continue reading OSU seeks staff attorney for DCP and Mediation Clinic

Mixed Mode Dispute Resolution Papers featured at Fordham Conference

Posted on behalf of BFOI Jacqueline Nolan-Haley (Fordham): At the 16th Annual Fordham Conference on International Arbitration and Mediation held on November 19, 2021, the International Task Force on Mixed Mode Dispute Resolution launched the initial set of final papers by the seven working groups. The Task Force which began in 2004 responds to the … Continue reading Mixed Mode Dispute Resolution Papers featured at Fordham Conference