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
This jumbo-size post is the last part in the Theory of Change Symposium. But don’t despair. I am compiling all the pieces – and some new material – into an e-book that will be distributed soon, as described at the end of this post. This part of the symposium includes several pieces describing important techniques … Continue reading Theory of Change Symposium – Part 5 and Coming Attractions
From GFOI Debra Berman: I am happy to announce that registration is now open for the spring Inter-School Negotiation Practicum. If you are interested in incorporating this cross-school negotiation exercise into your ADR class or other school program, please provide your students with this registration link. Registration will close on February 7th. I will email … Continue reading Inter-School Negotiation Practicum Sign-Up Deadline – February 7
This part of the symposium includes several pieces focusing on key skills in legal and dispute resolution practice. Lisa Amsler highlights the importance of interpersonal and process skills as technology is radically changing legal practice. Russ Bleemer identifies deficiencies in mediators’ listening behaviors as mediation practice becomes routinized, and he encourages mediators to keep focusing … Continue reading Theory of Change Symposium – Part 4
From FOI Elayne Greenberg About the Mangano Award Given annually through the generosity of esteemed dispute resolution champion Hon. Guy J. Mangano, 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 nominate research (your … Continue reading Mangano Award Nomination Deadline – December 16
Recently, I was invited to give a lecture at the University of Saskatchewan College of Law. This talk grew out of my post, Legal Stress, which summarized how the law and legal system can be very stressful for everyone who comes in contact with it including parties, lawyers, law students, and even law professors. Law … Continue reading The Law Can Be Hazardous to Your Health
This second part in the Theory of Change symposium includes three pieces about legal education and two pieces about dispute resolution practice. Rebekah Gordon suggests ways that law schools can engage students’ interest in ADR. Debra Berman argues that law schools should provide more realistic instruction about ADR by increasingly focusing on mediation advocacy and … Continue reading Theory of Change Symposium – Part 2
The Washington Post published an account of Senator Elizabeth Warren’s career as a law professor, Elizabeth Warren Faced Sexism, Shed a Husband and Found Her Voice Teaching Law in Houston, which you might find interesting regardless of your views about her politics. The article described her academic career starting in the late 1970s. She faced … Continue reading History of a Young Female Law Professor
I assume that you spend a lot of time reading and maybe a lot of time writing too. As someone who has done a lot of both, I have become sensitized to what I think is better or worse writing. I think it’s fair to say that there is much room for improvement. I notice … Continue reading Suggestions for Good Writing
Consider the benefits of writing a book. Of course, there may be benefits to you personally, such as enhancing your reputation and advancing your career. By writing a book, you have the opportunity to share your ideas with a larger and wider range of readers than with law review articles. There also are potential benefits … Continue reading Would You Like to Write a Book – and Support the ABA?
I invite you to participate in Theory-of-Change blog symposium. I recently posted pieces listing various goals that people in our community have had, strategies that some have used, and reflections on the process of considering these issues for our field. I invited academics, practitioners, administrators, and researchers, among others, in the US and other countries … Continue reading Invitation to Participate in the Theory-of-Change Blog Symposium
This week, I posted pieces listing various goals that people in our community have had, strategies that some have used, and guidance about writing pieces for the symposium. I was inspired to write the posts after this summer’s Past-and-Future conference. In two full days at the conference with an amazing cast of presenters, we could … Continue reading Reflections on Our Field and Possibilities for Improvement