Jim Stark and Doug Frenkel just became scholars-in-residence with the International Academy of Mediators, following in the footsteps of Hal Abramson, Lela Love, and Dwight Golann. I have appreciated Doug and Jim’s work – actually of all the SiRs – and this post describes some of the things I appreciate about it. It also includes … Continue reading Appreciation of Doug Frenkel and Jim Stark
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
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
I continue to produce videos related to the LIRA book, which you might be interested in, possibly for use in courses. As I produce more videos, I add them to the full collection in this post, which you might want to bookmark. Here are the latest videos: Mediating with LIRA. Mediate.com University. $49. August 2020. … Continue reading Gadzooks! Even More LIRA Videos! And Coming Attractions!
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
Jeff Trueman, an experienced Maryland mediator and Pepperdine LLM candidate, 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 … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
I have had some wonderful conversations in my LIRA book tour and made videos of some of them. Considering the challenges of synchronous instruction these days, faculty may want to assign some of these videos as asynchronous “guest lectures” and/or make-up assignments if students or faculty have to miss some classes. Here’s a list of … Continue reading More LIRA Videos
Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really. During the life cycle of a case, lawyers start with vague and tentative bottom … Continue reading What’s a Bottom Line?
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
This post collects several videos about the litigation interest and risk assessment (LIRA) techniques described in the book that Michaela Keet, Heather Heavin, and I wrote about the subject. The videos may be of interest to academics, practitioners, and students. Considering the challenges of synchronous instruction these days, faculty may want to assign some of … Continue reading LIRA Videos
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go — and Here’s a Better Idea