Until recently, the University of Oregon Law School graciously hosted the website of the Legal Education, ADR, and Practical Problem-Solving (LEAPS) Project. This short article describes the history of the project and presents the materials it developed. The project promoted “practical problem-solving” (PPS), which was defined as including interpersonal skills, general lawyering skills, dispute resolution … Continue reading The LEAPS Project
I was thrilled that my recent post, Focus on Party Decision-Making, prompted a stimulating conversation on the DRLE listserv, including thoughtful comments by Mary Bedikian, Doug Frenkel, Dwight Golann, Deborah Hensler, Charlie Irvine, Andrew Mamo, Cash Nickerson, Peter Philips, Jim Stark, Jean Sternlight, Nancy Welsh, and Roselle Wissler. This post discusses some issues in the … Continue reading Teaching Students to Focus on Party Decision-Making
A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes. Attorneys often acted paternalistically, taking control over virtually every aspect of the cases. The legal system … Continue reading Focus on Party Decision-Making
I had the good fortune to be Len Riskin’s colleague from 2000, when I arrived in Missouri, until he moved to the University of Florida in 2007. He now is a Visiting Professor of Law and Distinguished Senior Fellow at the Center on Negotiation, Mediation, and Restorative Justice at Northwestern University Pritzker School of Law … Continue reading Len Riskin Pulls It All Together in Managing Conflict Mindfully
From Elayne Greenberg: Please join us online as we present the St. John’s University School of Law Carey Center’s 2023 Dispute Resolution Advancement Award to Professors Jessica Bregant, Jennifer K. Robbennolt, and Verity Winship. They will discuss the award-winning research reported in their Harvard Negotiation Law Review article, “Perceptions of Settlement.” Read more about this year’s award winners. Starting with the premise that little is … Continue reading St. John’s Carey Center Award Ceremony on April 19, 2023
From George Siedel: The ABA Business Law Section publishes Business Law Today, which recently started a tools section. Here is a link to my piece on negotiation tools. Take a look. [From the home page, click on the title of this post to access the tools.]
Kevin McCarthy’s quest to become speaker of the House of Representatives is a master class in how not to negotiate. He became what New York Times columnist Paul Krugman calls “speaker in name only” after fifteen ballots over five days. Election of a speaker normally is a routine event, and this was the first time … Continue reading How Not to Negotiate
Improving mediation quality is tricky. This post describes how the Real Practice Systems Project can help. In Principles for Policymaking about Collaborative Law and Other ADR Processes, I argued that policymakers generally should consider non-regulatory policy options before adopting new rules. Non-regulatory approaches include training for disputants and professionals, dispute referral mechanisms, technical assistance for ADR … Continue reading How The Real Practice Systems Project Can Help Improve Mediation Quality
I am doing a research study entitled “Assessment of Real Practice Systems Experience” to assess how well Real Practice Systems assignments and exercises have worked in courses, trainings, and continuing education programs as well as for individual practitioners. I’m writing to invite you to participate in this study. In this document, I describe how faculty … Continue reading Would You Like to Get the Benefit of the Real Practice Systems Project and Share Your Experiences?
This post describes how faculty can use ideas and materials from the Real Practice Systems Project to help students get realistic understandings of practice. I initially focused on mediation systems, which are the combination of factors affecting what mediators do before, during, and after mediation sessions. These systems include their routine procedures and strategies for … Continue reading Resources for Using Real Practice Systems Materials in Teaching
