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
In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?
As Art reported, William Mitchell and Hamline Law Schools plan to merge. Best wishes to all our friends at both schools. Both have wonderful DR colleagues and have been great innovators in legal education. Hopefully, people there will like the new arrangements. Of course, even positive change can be stressful and some people may not … Continue reading Was the Mitchell-Hamline Negotiation a “Win-Win”?
In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models). … Continue reading We Need a Better Consensus about Negotiation Theory
