Tag Archives: Empirical Research

Following the Science of Heuristics and Biases – and a Tragic Love Story

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The Undoing Project: A Friendship That Changed Our Minds, by Michael Lewis, tells the story of how Israeli psychologists Daniel Kahneman and Amos Tversky came together – and fell apart – in their research that radically advanced our knowledge of how people’s minds work.  This is another post in my What-I’m-Reading series. Kahneman and Tversky’s … Continue reading Following the Science of Heuristics and Biases – and a Tragic Love Story →

Call for Nominations for 2022 Dispute Resolution Advancement Award

From Elayne Greenberg: About the Dispute Resolution Advancement Award Given annually through the Hugh L. Carey Center for Dispute Resolution at St. John’s Law, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are invited to … Continue reading Call for Nominations for 2022 Dispute Resolution Advancement Award →

Peter Coleman’s Outstanding Evidence-Based Work on Reducing Polarization

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Peter T. Coleman, professor of psychology and education at Columbia University, an award-winning scholar and a prolific author, recently published his latest book, The Way Out: How to Overcome Toxic Polarization.  He holds a joint appointment at Teachers College and The Earth Institute.  In his spare time, he is the director of the Morton Deutsch … Continue reading Peter Coleman’s Outstanding Evidence-Based Work on Reducing Polarization →

Coben & Stienstra’s Fabulous Annotated Bibliography of Empirical Research

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There’s too darn much ADR research.  Too darn much if you have any hope of keeping up with it. We are blessed and cursed with an interest in a subject that deals with virtually every aspect of life and is studied in  many different disciplines.  So we are fortunate that Jim Coben and Donna Stienstra … Continue reading Coben & Stienstra’s Fabulous Annotated Bibliography of Empirical Research →

Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space

I just wrote this post on the Kluwer Mediation Blog on this subject.  It summarizes empirical research showing the huge chasm in perspectives between many lawyers and their clients.  Lawyers often focus only on monetary issues in legal disputes, which drives many of their clients crazy because they are also very concerned about a wide … Continue reading Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space →

Appreciation of Doug Frenkel and Jim Stark

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 →

Dispute Resolution Advancement Award Application Deadline January 21

From TFOI Elayne Greenberg: About the Dispute Resolution Advancement Award Given annually through the Hugh L. Carey Center for Dispute Resolution at St. John’s Law, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are invited to … Continue reading Dispute Resolution Advancement Award Application Deadline January 21 →

Important New Report on Essential Lawyering Skills

Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett just published an important report, Building a Better Bar: The Twelve Building Blocks of Minimum Competence, based on insights from 50 focus groups. They found that minimum competence consists of 12 interlocking “building blocks,” including … Continue reading Important New Report on Essential Lawyering Skills →

Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation

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’s Presentation on Litigants’ Views of Court ADR Options

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 →