Imagine that you just stared into the neuralyzer in Men in Black. It wiped out all your memory of the traditional bundled of models of mediation and negotiation. You know – facilitative and evaluative mediation, interest-based and positional negotiation, etc. etc. The neuralyzer also vaporized all references to them in texts and teaching materials. You’re … Continue reading Merging Mediation Models – And Other Lessons
Four social scientists who study empathy and political division think so. Take a look at their piece in the Washington Post, Our Divided Times Are an Opportunity for Empathy. Really. To access the article, click on the title of this post.
Thanks to AFOI Peter Reilly (Texas A&M) for gathering this great list of ADR Scholarship Projects our community of scholars worked on recently/is working on as of December 2020: Hal Abramson (Touro Law Center): Beyond the Courtroom-Resolving Disputes Through Agreement (published in November). This book is a selection of my articles over my academic career, so far, … Continue reading ADR Scholarship Projects- Winter 2020 Edition
Our Ohio State Journal on Dispute Resolution hosted a terrific online symposium titled, “A Conversation about the Role of ADR in Resolving Issues of Gender-Based Violence.” Over 300 people were in attendance for most of the day. If you’d like to watch any of the proceedings, here are the links: Morning panel: https://www.youtube.com/watch?v=O-ZP2VRejSw&feature=youtu.be&ab_channel=TheOhioStateUniversityMoritzCollegeofLaw Afternoon panel: … Continue reading Link for Ohio State Symposium on the Role of ADR in Disputes Involving Gender-Based Violence
Everyone knows that lawyers should carefully assess their cases at the earliest appropriate time. In cases that are or might be litigated, lawyers often focus primarily or exclusively on estimating the expected court outcome (aka the BATNA value). The LIRA book provides guidance for more thorough and systematic case assessments, including values for tangible costs … Continue reading LIRA Videos Out the Wazoo!!
The LIRA book – Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions – focuses on civil litigation. It describes three elements that practitioners and parties should consider when assessing litigation interests and risks: (1) the expected court outcome, (2) future tangible costs of continuing to litigate, and (3) future intangible costs … Continue reading LIRA in Criminal Cases
From FFOI Debra Berman: As you begin to prepare for the spring semester, please consider incorporating our Inter-School Negotiation Practicum. Over the last year, more than 1,000 students from 31 schools have participated and we are gearing up to do it again this spring. Please note that this is not a “competition.” Rather, it is … Continue reading Inter-School Negotiation Practicum for the Spring
GFOI Peter Phillips, the director of New York Law School’s ADR Skills Program, is a terrific interviewer and he is continuing the series of lunch time conversations with leading figures in our field. Here’s an announcement of the next series of interviews. We are pleased to announce the fourth series of this popular event. Every … Continue reading New York Law School Wednesday Conversations
The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series. Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes
Deborah Jones Merritt, co-author of the report, Building a Better Bar: The Twelve Building Blocks of Minimum Competence, wrote a post, Could We Create a New Bar Exam? She writes: Neither states nor the National Conference of Bar Examiners (NCBE) have ever validated the current exams; that means we have no evidence that the skills … Continue reading Building a Better Bar Study Suggests Need to Restructure Bar Exams
