Two weeks ago, the Nevada state court approved the MGM Mandalay Bay shooting settlement. No mention of mediator Jennifer Togliatti’s conflict of interest. I didn’t see it mentioned in any of the other press about the case either. Hmmm. – – – – – – – – – – You likely remember the MGM Mandalay … Continue reading The MGM Shooting Mediation and An Obvious Conflict of Interest – Updated
By definition, the LIRA book, which provides a framework for litigation interest and risk assessment, focuses on litigation. This post describes how it can be adapted for transactional negotiation – transaction interest and risk assessment, or TIRA. Three Elements The LIRA framework consists of assessment of three elements: expected court outcome, future tangible costs of … Continue reading Transactional Interest and Risk Assessment
The New York Times published an important, timely article, 5 People Who Can Help You Strengthen Your Empathy Muscle. It summarizes advice of five people who have spent their lives studying, understanding and practicing empathy. Take a look. (Click the title of this post to get the link to the article.)
Jeff Trueman, an experienced Maryland mediator, wrote an excellent article about the challenges of lawyers, mediators, and insurance claims professionals in mediation. He interviewed subjects about their problems in mediation, and his study provided evidence of professionals behaving badly, very consistent with my post about BATNAs and the emotional pains of “positional negotiation.” He specifically … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
Donna Shestowsky recently gave a presentation to the CPR Mediation Committee about litigants’ knowledge of courts’ ADR options in their cases. She presented her research showing that litigants seem to be unaware of ADR options, and that knowing about some of these options – specifically, mediation – improves litigants’ opinions of the court itself. Shockingly, … Continue reading Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options
As part of my LIRA book tour, I gave talks entitled,“They Should Call It Negotiation School, Not Law School” for Becky Jacobs’s (Tennessee) ADR class and the UC-Davis’s King Hall Negotiation Teams student organization (thanks to Donna Shestowsky’s suggestion). The presentation points out that the vast majority of cases are negotiated, not litigated and certainly … Continue reading They Should Call It Negotiation School, Not Law School
Last winter, Peter Reilly (Texas A&M) compiled a list and shared brief descriptions of projects ADR scholars were then currently working on or recently completed. Below is the Summer 2020 edition. Thanks to Peter for gathering this really valuable information in one spot and keeping us all informed about ADR research happening around the country. … Continue reading ADR Scholarship Share (Summer 2020 edition)
One of the best parts of my new position with the Institute for Women’s Leadership at Marquette is getting the opportunity to meet and work with amazing faculty across campus. Working with our steering committee since last spring, we had planned to have a great conference focusing on suffrage and innovation—how was women’s intellectual empowerment … Continue reading A is for Activism–Or Want to Know What’s Going on In Milwaukee During Election Season?
Hat tip, Rick Bales at Workplace Prof Blog: https://lawprofessors.typepad.com/laborprof_blog/2020/09/judge-barretts-arbitration-decisions.html
From FPOI Peter Philips: We are pleased to announce the third series of this popular event. Every other Wednesday, New York Law School hosts informal discussions with leaders in the fields of conflict avoidance, management, and resolution. All sessions are free and will be held via Zoom. Please note the varying times of each program. … Continue reading Next Series of New York Law School Wednesday Conversations
