Tag Archives: for teachers and students

Was the Mitchell-Hamline Negotiation a “Win-Win”?

As Art reported, William Mitchell and Hamline Law Schools plan to merge. Best wishes to all our friends at both schools. Both have wonderful DR colleagues and have been great innovators in legal education. Hopefully, people there will like the new arrangements. Of course, even positive change can be stressful and some people may not … Continue reading Was the Mitchell-Hamline Negotiation a “Win-Win”?

We Need a Better Consensus about Negotiation Theory

In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models). … Continue reading We Need a Better Consensus about Negotiation Theory

Problems with the System of Negotiation Models, Part 2

In Part 1, I argued that there are fundamental problems with the system of negotiation models. In this part, I describe actual negotiation cases from my study to illustrate the problems. As you read about them, consider that I am now focusing primarily on problems with descriptive theory – basically a kind of language enabling … Continue reading Problems with the System of Negotiation Models, Part 2

Oldies But Goodies

SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, … Continue reading Oldies But Goodies

Problems with the System of Negotiation Models, Part 1

Based on my study of lawyers’ actual negotiations, A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, I have reluctantly concluded that the generally-accepted understanding of negotiation theory is seriously flawed and that we need a better theory. The current framework relies primarily on two models … Continue reading Problems with the System of Negotiation Models, Part 1

Global Cyber-Conference on Dispute Resolution

Brian Jarrett (Alaska-Fairbanks Program on Dispute Resolution, Peace-Building, and Restorative Practices) is organizing the Fifth Annual Global Cyber-Conference on Dispute Resolution, which will take place on Wednesday, April 15, from 3 pm to 5:30 pm, Eastern Time. The conference theme is inter-cultural conflict with a particular emphasis on indigenous conflict resolution. The keynote speaker will … Continue reading Global Cyber-Conference on Dispute Resolution

What is (A)DR About?

Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About?

Student Writing Competition About Ferguson and Related Events

My colleague, S.I. Strong, is coordinating a student writing competition about the events in Ferguson as follows: The University of Missouri is sponsoring a student writing competition analyzing the events in Ferguson (and elsewhere) from a dispute resolution / conflicts resolution perspective, as described on the competition website.  The deadline is relatively soon — February … Continue reading Student Writing Competition About Ferguson and Related Events