(Via Peter Reilly, BFOI) This year’s winning paper for the ABA Section of Dispute Resolution’s James B. Boskey Law Student Essay Contest on Dispute Resolution is “Casting a Wide Net over Consent – Expansion of Estoppel Doctrines to International Arbitration Agreements, Non-Signatories, and Third Parties,” by Olivia Stitz (Sandra Day O’Connor College of Law, Arizona … Continue reading 2020 ABA Boskey Essay Competition winner
This week, there was another shooting of an unarmed Black man by police, this time in Kenosha, Wisconsin. So it’s very timely to read an article co-authored by MFOI Ava Abramowitz an article in Lawfare, Measurement Matters: The Key to Police Reform. The authors take a dispute system design approach to analyzing the problems, focusing … Continue reading Ava Abramowitz Article on Data Collection as Element in Strategy to Promote Good Police Performance
You may have been one of the people affected by the problems when Zoom was down for a few hours yesterday. Inc. magazine lauded Zoom’s apology, taking responsibility for the problems and promising to fix them, Zoom Just Failed Its Biggest Test. Its Apology Is an Extraordinary Example of Emotional Intelligence. After incidents of “zoombombing” … Continue reading Zoom Apologies
Every year I do my best to keep track of faculty moves and other notable changes to share them here at the beginning of the new academic year. Not surprisingly, this year there’s little movement of ADR faculty from school to school, but there is a lot of internal movement – hello Associate Deans. The … Continue reading Comings, Goings, and Other Milestones – 2020 edition (Updated)
Everyone loves BATNA. It has more than 16 million hits on Google. I have loved BATNA too. Of course, people should consider alternatives to a negotiated agreement when negotiating or mediating. Unfortunately, people have loved BATNA so much that it has become a cliché that is widely misunderstood, even by some dispute resolution experts. When … Continue reading BATNA May Be Less Important Than You Think – and Teach
My career has focused on helping disputants by analyzing and promoting helpful lawyering and other dispute resolution techniques. The ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions, is the culmination of my scholarly career, combining Michaela’s and Heather’s excellent research on litigation risk assessment and my work on planned … Continue reading LIRA Book Tour
From Peter Reilly (BFOI): On behalf of the Executive Committee of the AALS Section on Alternative Dispute Resolution, I’m pleased to announce the recipient of the award for the Best Article of 2019 in the field of dispute resolution. Congratulations to Michael Moffitt of the University of Oregon School of Law for his article Settlement … Continue reading Congratulations to Michael Moffitt, Winner, AALS ADR Section Best Article of 2019
One of the “benefits” of this horrible coronavirus crisis is that it makes it easier to provide professional education by video. Virtually all of us have become proficient in using video and so it is easy to produce programs that many people will want to see. As a result, we can much more efficiently produce, … Continue reading Dispute Resolution Video and Podcast Online Library
We’re in a serious jam. Washington Post columnist Paul Waldman writes that the legislative stalemate over coronavirus disaster relief deals with a complex and thorny negotiation problem. Enhanced unemployment benefits have now expired, leaving over 30 million Americans who have lost their jobs in a precarious economic position. The program providing loans to small businesses … Continue reading Wanted: Master Negotiator
Listening is a bedrock ADR practice. Does this mean we must always listen? Or can listening sometimes make things worse? Recent debates around “cancel culture” and “deplatforming” are of special interest to our field, which values the sharing of diverse perspectives but also appreciates complex social dynamics and strategic communication. In my new article (forthcoming … Continue reading The Listening Dilemma
