This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program. This part describes … Continue reading Early Dispute Resolution Processes
This post summarizes presentations, data collected, and discussion in the “Risky Business: A Toolbox for Managing Litigation Interests and Risks” program on February 28, 2020 at CPR’s annual meeting. There never is enough time to cover everything you want to say, so this post elaborates the discussion at the program. Based on our book, Litigation … Continue reading LIRA @ CPR
I recently wrote a post about the film, Marriage Story, which depicts a somewhat bad divorce. That story fit into very common negative narratives about bad divorces and divorce lawyers. Of course, there are bad divorces and divorce lawyers – though probably not as many as suggested in popular culture. Indeed, to reflect some balance, … Continue reading A Story of a Good Divorce
I’ve said it before and I’ll say it again. The law can be a very dangerous thing. Although the legal system inevitably is imperfect, it sometimes provides important benefits such as helping people solve difficult problems, making institutions function properly, and promoting justice. Unfortunately, the litigation process needed to achieve these goals often is extremely … Continue reading The Law Can Be Dangerous to Lawyers’ Mental Health
Everyone talks about knowing one’s BATNA in negotiation and mediation. But that’s a lot easier said than done. In litigated cases, the value of the BATNA usually is the expected trial outcome, but that is notoriously hard to predict for many reasons. The outcome of numerous legal and factual issues may depend on the evidence, … Continue reading How to Calculate and Use BATNAs and Bottom Lines with LIRA
From former ABA SDR Chair, Harrie Samaras: Want to learn what the ABA Section of Dispute Resolution’s 13th Annual Arbitration Training Institute is all about? Check out a podcast by Dana Welch, one of the program co-chairs. In addition to what Dana mentions, here are the top six reasons to attend: It’s being taught by … Continue reading Early Bird Discount for ABA Arbitration Institute on March 9-10
At the Past-and-Future Conference last month, I was on a program with Doug Frenkel, Michaela Keet, and Donna Stienstra entitled, “Research and Scholarship with a Real-World Focus: Studying What Practitioners Actually Do.” This program followed one on research terminology and methodology, described in this post. This program was in a conversational format, framed around several … Continue reading Studying What DR Practitioners Actually Do
On November 1, the Fordham Law Review, in conjunction with the Conflict Resolution and ADR Program and National Center for Access to Justice at Fordham Law School will present a program entitled “Achieving Access to Justice Through ADR: Fact or Fiction?” ADR is enthusiastically promoted as a vehicle for providing access to justice. For parties, there … Continue reading Achieving Access to Justice Through ADR: Fact or Fiction?
Lara Fowler (Penn State) sent the following announcement: The Environmental Dispute Resolution (EDR) Program is hiring a Mediator who will be responsible for supporting existing program activities and developing new projects. We seek someone with significant experience in conflict resolution and consensus building, as well as expertise in training and capacity building. Ideally, the new … Continue reading Job Announcements for Two Dispute Resolution Positions
I just wrote a post describing “litigation stress” that parties experience during litigation, noting that this can be particularly painful in some cases like those involving sexual assault allegations. Allegations of sexual assault by Judge Brett Kavanaugh have been in the news a lot lately. While these allegations aren’t being litigated in court, the process … Continue reading Real-Life Account of Litigation Stress in Bill Cosby Case
Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice. It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves. Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments
GFOI Donna Shestowsky (California-Davis) recently wrote the latest in a series of her studies asking actual litigants about their procedural preferences. The article is Inside the Mind of the Client: An Analysis of Litigants’ Decision Criteria for Choosing Procedures, 36 Conflict Resolution Quarterly 69 (2018). Here’s the abstract: This article presents findings from the … Continue reading What Do Litigants Really Want?