The ABA Journal reported that US District Judge Dan Polster is considering certifying a class action in the massive opioid case specifically for negotiation. The class would consist of 33,000 cities, towns, and counties. The proposal could help protect against an unfair settlement that is reached by lawyers before approval by the class, proponents say. … Continue reading Possible Federal Class Negotiation in Opioid Case
FFOI Debra Berman offers to organize a fabulous practical DR Skills exercise that goes beyond the classroom and normal competitions. She writes: In recent times of declining class sizes, shrinking budgets, and extra focus on the bar exam, practical ADR skills training may not receive the attention it deserves. Students may leave law school without … Continue reading Debra Berman’s Fantastic Offer to Host an Inter-School Negotiation Exercise
In December, I wrote a post compiling news accounts describing how Nancy Pelosi masterfully negotiated to be elected as Speaker of the House of Representatives. A Washington Post article this week described how she has unified the Democratic Caucus in the House, as described below. I just listened to a recent podcast about how Representative … Continue reading Two Shrewd Legislative Negotiators / Mediators
In this installment of the potentially-infinite series on President Trump’s negotiation skills or lack thereof, we examine the negotiation leading to the end of the latest shutdown of the federal government as well as other negotiations by Mr. Trump and his associates. Last Friday, Mr. Trump announced that he would sign a bill re-opening the … Continue reading President Trump’s Negotiation Skills (or Lack Thereof) – Part 5
Last week, House Democratic Leader Nancy Pelosi completed an impressive campaign of negotiations to be elected speaker of the House of Representatives. This post provides an account of this campaign, synthesized from news accounts listed at the end. One of the articles described Ms. Pelosi’s approach as being like honey, compared with President Trump’s vinegar strategy. … Continue reading Case Study of Negotiations with Honey and Vinegar, Carrots and Sticks
I recently visited our DR friends and colleagues at Quinnipiac, courtesy of an invitation from Charlie Pillsbury, the co-director of their Center on Dispute Resolution. He invited me to give a talk as part of the Quinnipiac-Yale Dispute Resolution Workshop. Using the patented Stone Soup process of systematically eliciting input from audiences, I tested some … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?
Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice. It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves. Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments
Ben Trachtenberg, one of the sharpest faculty at my school, wrote this outstanding article analyzing what went wrong during the highly-publicized controversies at the University of Missouri in 2015. Having lived through this painful conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things … Continue reading A Case Study of Murphy’s Law in Missouri
President Trump is scheduled to have a summit meeting with Russian President Putin on Monday. The timing of this meeting right after the indictment of 12 Russian intelligence officials demonstrates the bizarre political situation we are in. Mr. Trump seeks a close relationship with a foreign leader whose top spies systematically interfered in our elections … Continue reading How Should ADR Folks Participate in a Grand Real-Time Negotiation?
Here is a collection of more assessments of Stone Soup course assignments. This again demonstrates how faculty have been creative in crafting a wide variety of learning experiences that fit their instructional goals and situations. Many colleagues wish they had students do these assignments earlier in the semester and discuss them in class. Brian Farkas … Continue reading Stone Soup Assessments: Farkas Arbitration, Tetunic Clinic, and Fowler, Keet & Baerg, and Newman & Roger Negotiation Courses
A recent episode of the Modern Love podcast told the story of a man struggling to deal with conflicting desires of his mother and wife to cook him delicious meals. While having too much good food may not seem problematic, negotiating serially with one’s wife and mother sure can be. This account reveals subtle ways … Continue reading Culinary Negotiation
The ABA is offering a 30% discount on its 2017 books. The discount is available only through the end of the month, so you need to act soon to take advantage of this offer. The Section of Dispute Resolution published the following books that qualify for this discount: ● Beyond Smart: Lawyering with Emotional Intelligence … Continue reading 30% Discount on ABA Books — Thru End of February