This conversation started with my post about planned early dispute resolution (PEDR). My friend, Peter Benner, and I exchanged comments in that post. Here are links to Part 2-ish, Part 3, Part 4, and Part 5 in this conversation. I had some questions about Peter’s last post. Here I pose the questions and Peter responded. … Continue reading Conversation with Peter Benner about PEDR, Part 6
This conversation started with my post about planned early dispute resolution (PEDR). My friend, Peter Benner, and I exchanged comments in that post. Here are links to Part 2-ish, Part 3, and Part 4 in this conversation. This is Peter’s response to my last post. ________________________________________________ In your question of whether we may be in … Continue reading Conversation with Peter Benner about PEDR, Part 5
Alert readers have noticed that Peter Benner and I have been having a conversation about planned early dispute resolution (PEDR) in the comments to a recent post of mine on the subject. Peter, a mediator and ironman, is a friend with whom I share an interest in encouraging lawyers and parties – especially businesses – … Continue reading Conversation with Peter Benner about PEDR, Part 2-ish
Have you seen “Inside Out” yet? It’s the delightful Pixar movie portraying the conflicting emotions of an 11 year-old girl grappling with the difficulties of a move from Minnesota to San Francisco. Indeed, the emotions are characters themselves: Anger, Disgust, Fear, Sadness, and Joy. The film’s producers consulted psychologists who wrote a piece in the … Continue reading Damn Emotions!
Jim Coben, on behalf of himself and Nancy Welsh, is circulating the following request. Dear Colleagues: I write to appeal to the “hive-mind” on behalf of the Dispute Resolution Magazine. In the upcoming fall issue, we are planning to include a “numbers” teaser box. More specifically, it’s an opportunity to feature interesting statistics and/or other … Continue reading Coben and Welsh Want Your Favorite Number
A short piece in the New York Times by Harvard economists and Yale psychologists has a suggestion that may surprise you – or maybe not – about people’s motivation to cooperate. The authors focus on the “tragedy of the commons” which is the situation “where individuals acting independently and rationally according to each’s self-interest behave … Continue reading Why Cooperate?
Pop quiz: Which is scientific data – statement A or B? A. “If I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made. I can waste more time, … Continue reading What Me – A Social Scientist?
BARBRI’s “State of the Legal Field Survey” reports that “71 percent of 3L law students believe they possess sufficient practice skills. In contrast, only 23 percent of practicing attorneys who work at companies that hire recent law school graduates believe recent law school graduates possess sufficient practice skills.” This finding is puzzling and astounding. It … Continue reading Illusions of Competence
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?
