My career has focused on helping disputants by analyzing and promoting helpful lawyering and other dispute resolution techniques. The ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions, is the culmination of my scholarly career, combining Michaela’s and Heather’s excellent research on litigation risk assessment and my work on planned … Continue reading LIRA Book Tour
From FFOI F. Peter Philips: We are pleased to announce the second series of this popular event. Every other Wednesday, New York Law School hosts informal discussions with leaders in the fields of conflict avoidance, management, and resolution. All sessions are free and will be held via Zoom at 1:00 p.m. EDT. July 29, 2020 … Continue reading NYLS Wednesday Lunch Series: Conversations in Conflict Resolution
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
Respected mediator Michael Lang conducts monthly case consultation / reflective practice group sessions for the ABA Section of Dispute Resolution’s Mediation Committee. The next one is on Wednesday, July 15, 2020, 12:00-1:00 pm, ET, and focuses on mediators causing impasses. Here’s the description of the program: Have you noticed that most things written for mediators … Continue reading Want to Talk About Mediators Causing Impasses?
If you have problems with BATNA theory (best alternative to negotiated agreement), 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 … 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 — and Here’s a Better Idea
From TFOI Kristen Blankley: COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others. We all have substantive and process expertise in different areas, which means that we should have a great ability to fulfill our aspirational (or, … Continue reading Kristen Blankley: New Opportunities for Pro Bono in a Pandemic
Recently, mediate.com initiated publication of a series of pieces entitled Seven Keys to Unlock Mediation’s Golden Age. Here’s the introduction. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession, Technology, Government and Usage. Each key has between two … Continue reading Mediate.com Publishes “Seven Keys to Unlock Mediation’s Golden Age”
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 Resources for Teaching About BATNA, Bottom Lines, and LIRA
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
