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
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
I subscribe to the Best Practices for Legal Education blog, which has a lot of good posts. Here’s one by Michele Pistone (Villanova) suggesting that teachers carefully use words in defining their teaching and learning goals.
Touro Law Center has initiated a new Journal of Experiential Learning. Thanks to Best Practices for Legal Education blog for sharing the news.
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
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
I just posted an item about a conference organized by my former student, Brian Jarrett, who teaches at the University of Alaska-Fairbanks. I am very proud of Brian and other former students, and this conference prompted me to reflect on relationships between teachers and students, among others. I would like to think that I have … Continue reading Appreciating Good Ripples
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
Haskell Murray (Belmont Business School) compiled the following list of ADR twitterers for would-be twitterees. He says that he is sure that the list is incomplete, but it is a good start. “Business” or “Law” notes whether the person teaches in a business school or a law school. If you have a twitter thingee of … Continue reading Tweet, ADR, Tweet
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?
