The LIRA book – Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions – focuses on civil litigation. It describes three elements that practitioners and parties should consider when assessing litigation interests and risks: (1) the expected court outcome, (2) future tangible costs of continuing to litigate, and (3) future intangible costs … Continue reading LIRA in Criminal Cases
The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series. Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes
Debra Berman wrote Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality?, which prompted responses by Art Hinshaw and Carrie Menkel-Meadow as well as others on the DRLE listserv. My answer to Debra’s question is that our over-emphasis on integrative negotiation pedagogy does fall short of reality. We know that much – probably … Continue reading Problems with Teaching “Integrative” Negotiation
From EFOI Debra Berman: In our zeal to teach integrative bargaining, many of us tend to use negotiation role-plays that have multiple items to creatively bargain about. But is that actually doing a disservice to our students? While I certainly believe it is beneficial to teach our students to think outside of the box and encourage … Continue reading Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality?
Reflecting on my They Should Call it Negotiation School and Law School Failures posts, I wrote the following message, which you may want to share with your students. Although they may be too busy to follow up on this now, you can plant a seed for them to pursue this during the winter break. ___________________________________________________________________ … Continue reading A Message for Law Students to Prepare Themselves for Legal Practice
Kris Franklin is a kindred spirit to folks in our community. I hadn’t heard of her until I was wowed by her conversation with Peter Philips, which you can see in this 42-minute video. She’s a professor at New York Law School and here’s an excerpt from her webpage: An academic innovator, Kris Franklin brings … Continue reading You Really Should Know About Kris Franklin
I previously posted an overview of the excellent report by Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett, Building a Better Bar: The Twelve Building Blocks of Minimum Competence. This report is based on insights from 50 focus groups with 201 participants conducted … Continue reading Study Finds That Law Schools Fail to Prepare Students to Work with Clients and Negotiate
Houston, We Have a Problem I’ve said it before, and I’ll say it again. We use rotten language to describe our ideas and theories. Theory is important because it guides actions. Concepts are building blocks of theory. It’s a real problem if we use different language for similar concepts or the same terms for different … Continue reading Need for Clear Language Initiative to un-Babel Our Models
Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett just published an important report, Building a Better Bar: The Twelve Building Blocks of Minimum Competence, based on insights from 50 focus groups. They found that minimum competence consists of 12 interlocking “building blocks,” including … Continue reading Important New Report on Essential Lawyering Skills
I continue to produce videos related to the LIRA book, which you might be interested in, possibly for use in courses. As I produce more videos, I add them to the full collection in this post, which you might want to bookmark. Here are the latest videos: Mediating with LIRA. Mediate.com University. $49. August 2020. … Continue reading Gadzooks! Even More LIRA Videos! And Coming Attractions!
Jeff Trueman, an experienced Maryland mediator and Pepperdine LLM candidate, wrote an excellent article about the challenges of lawyers, mediators, and insurance claims professionals in mediation. He interviewed subjects about their problems in mediation, and his study provided evidence of professionals behaving badly, very consistent with my post about BATNAs and the emotional pains of … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
As part of my LIRA book tour, I gave talks entitled,“They Should Call It Negotiation School, Not Law School” for Becky Jacobs’s (Tennessee) ADR class and the UC-Davis’s King Hall Negotiation Teams student organization (thanks to Donna Shestowsky’s suggestion). The presentation points out that the vast majority of cases are negotiated, not litigated and certainly … Continue reading They Should Call It Negotiation School, Not Law School