Fox News host Megyn Kelly made a deal to leave Fox and work for NBC. She was in the enviable position of having a lot of bargaining power considering that she was wooed by ABC and CNN as well as Fox and NBC. NBC chairman Andrew Lack was successful in getting her to sign on … Continue reading High Profile Interest-Based Negotiation
Tis one of the least fun seasons of the year for faculty: Time to grade stacks of exams and papers. While it is exciting to see signs that some of our wards have learned a lot from our instructional efforts, it is depressing to see evidence raising doubts that we inhabit the same galaxy as … Continue reading A Cool Course Assignment for Next Semester — and A Scholarship Opportunity
Following up the Tower of Babel Symposium this month, there will be a program at the ABA SDR conference next April entitled, “Making Negotiation Theory More Helpful for Practitioners.” We want to include a practitioner on the panel and we asked Wayne Brazil if he would join us. Wayne served as a magistrate judge in … Continue reading Tower of Babel Symposium Bonus – Conversation with Wayne Brazil
As you may have heard, we held the Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding symposium at the University of Missouri on October 7. We had a lively discussion about what the heck is negotiation, how to know what really happens in negotiation, the role of context in … Continue reading Some Highlights of the Tower of Babel Symposium
Here’s one last reminder about the University of Missouri’s symposium, Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding, which will take place this Friday, October 7, from 9 am to noon Central Time. Click here if you want to watch it live-streamed or if you want to watch videos … Continue reading Last Call for the Tower of Babel Symposium
In June, John Kiernan gave a talk in which he argued that the ADR field has reached a first level of maturity but “ADR remains far short of its full, what might be called ‘level two maturity.’” He gave the talk at a luncheon of Association for Conflict Resolution of Greater New York, where he … Continue reading How to Reach “Level Two Maturity” in Handling Civil Disputes
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below. Before I get to her description, I want to say a few words about why I think her book is particularly important. I have been writing about early dispute resolution, especially planned … Continue reading Lainey Feingold’s Book on Structured Negotiation
The University of Missouri’s symposium, Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding, will take place on Friday, October 7, from 9 am to noon Central Time. We recently set the schedule for the symposium, as follows. 9 am – Definition and Scope of Negotiation – and Why Theory … Continue reading Schedule for the Tower of Babel Symposium
You may be familiar with the Randall Kiser et al. study, Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations, 5 Journal of Empirical Legal Studies 551 (2008), which replicated amazing findings in other studies, cited in Randy’s book, Professional Judgment for Lawyers. The top line finding in the … Continue reading Bad Decisions to Go to Trial
The ABA Journal profiled Cleveland-based law firm Thompson Hine and its managing partner, Deborah Z. Read, highlighting their “SmartPaTH” process to manage cases and satisfy clients. This is part of the Journal’s “Legal Rebel” series. It is both amusing and sad that these ideas would seem radical, especially these days. Here’s the description of the … Continue reading Law Firm Uses “SmartPaTH” to Manage Cases and Satisfy Clients
