Several weeks ago, I posted an item about an article with advice for law students (and, to some extent, lawyers): My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. I would love to get any comments or suggestions about the things that students do to drive you crazy (crazier?) and what they might … Continue reading Request for Comments on My Last Lecture
For the first time since 2004, this fall, I will not teach our required 1L course, Lawyering: Problem-Solving and Dispute Resolution. We had several sections each year and so I had a chance to impart my views about lawyering to a substantial part of our class. I felt passionate about the value of good lawyering … Continue reading My Last Lecture in Your Course
This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below. There are six additional posts in this conversation. At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution
I can’t resist commenting on Andrea’s lighthearted post showing a sign at a Starbuck’s with President John F. Kennedy’s famous statement, “Let us never negotiate out of fear. But let us never fear to negotiate!” This reminds me of President Franklin Delano Roosevelt’s statement, “The only thing we have to fear is fear itself.” I … Continue reading Fear and Negotiation
If you are sick and tired of hearing me sing the praises of multi-stage simulations (MSS) and don’t want to see any data about it, read no further. Some Background Before I start singing, let me provide some background. I started using MSSs when I began teaching negotiation several years ago. Related to my research … Continue reading Great Value of Students Playing Clients in Multi-Stage Simulations
We haven’t finished this year’s courses and we’re already planning for next year. Over this summer, I plan to update the syllabi on the DRLE webpage. That webpage has some syllabi that are over 15 years old and I want to update old syllabi and add new ones. I invite instructors to send me your … Continue reading NEW!!! and IMPROVED!!! Teaching Resources
I am fascinated to learn behind-the-scenes stories of high-profile negotiations, like the negotiation over Iranian nuclear capabilities, which the New York Times just described. Interesting tidbit: the negotiators used an erasable whiteboard so that the Iranians didn’t have a document they could send back to their superiors in Tehran. Another unusual arrangement: “[T]he Iranians did … Continue reading Behind the Scenes at the Iranian Nuclear Negotiation
You are cordially invited to this program at the ABA conference in Seattle, which will take place on Friday, April 17, from 3-4:15, in the Orcas Room. My partners in crime for this caper are Alyson Carrel, Jim Coben, and Noam Ebner. Here’s the idea for our program – How many times have you heard … Continue reading Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence
