Jim Coben’s wife, Barbara Freese, recently published a fascinating book, Industrial-Strength Denial: Eight Stories of Corporations Defending the Indefensible, from the Slave Trade to Climate Change. I haven’t read it, but I assume it’s a fascinating book based on a wonderful video interview of Barbara by Joe Rogan. Here’s a description of the book: Corporations … Continue reading Industrial-Strength Denial
During the summer, faculty plan their courses for the fall. This is a good time to consider including Stone Soup assignments in your courses, especially clinical and externship courses. Faculty who used Stone Soup assignments found that they and their students almost invariably were very enthusiastic, feeling that this was a valuable contribution to students’ … Continue reading Consider Cooking Up Stone Soup in the Fall – Especially in Clinical and Externship Courses
If you have problems with BATNA theory, you aren’t the only one. Some people have privately shared their concerns with me, and I suspect that there are a lot of others who are “in the closet” and don’t express their concerns publicly because BATNAs are so widely taken for granted in our community. George Siedel’s … Continue reading BATNAs and the Emotional Pains from “Positional Negotiation”
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go
If you teach students that it’s important to analyze their BATNAs, consider including material in your course on litigation interest and risk assessment, aka LIRA. Virtually every negotiation, mediation, and ADR survey course teaches students that they should figure out their BATNA when negotiating or mediating. That is sooooo much easier said than done, as … Continue reading Do You Cover BATNA in Your Course?
From F. Peter Phillips: New York Law School’s ADR Skills Program invites you to join… THE WEDNESDAY LUNCH SERIES: CONVERSATIONS in CONFLICT RESOLUTION Beginning May 20 and for every two weeks thereafter, New York Law School will offer informal and provocative conversations with interesting leaders in the field of conflict avoidance, management and resolution. All … Continue reading NYLS Wednesday Lunch Conversations
The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.” Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam. These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam
A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN). At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education
I’ve said it before and I’ll say it again. The law can be a very dangerous thing. Although the legal system inevitably is imperfect, it sometimes provides important benefits such as helping people solve difficult problems, making institutions function properly, and promoting justice. Unfortunately, the litigation process needed to achieve these goals often is extremely … Continue reading The Law Can Be Dangerous to Lawyers’ Mental Health
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 with LIRA
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
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