Tag Archives: Recent Scholarship

International Dispute Resolution Symposium at Washington University

The Washington University School of Law Whitney R. Harris World Law Institute and Negotiation & Dispute Resolution Program (that’s a mouthful) is sponsoring a symposium on international dispute resolution on Friday, Feb. 6, from 8:30 am until noon. The symposium includes panels entitled “International Arbitration and the Cross-Border Deal” and “Mediating International Disputes – An … Continue reading International Dispute Resolution Symposium at Washington University →

Mangano Dispute Resolution Advancement Award – Call for Nominations

The Hugh L. Carey Center for Dispute Resolution at St. John’s is pleased to announce a new award for scholarship in the field of ADR. Here’s the notice, with info on nominations: The Mangano Dispute Resolution Advancement Award honors the researcher(s) whose published empirical research has furthered the advancement and understanding of the values and … Continue reading Mangano Dispute Resolution Advancement Award – Call for Nominations →

Some Good Questions

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In 1998, commenting on the hot controversy about the “Rand Report’s” finding that certain mediation programs did not save time or money (measured in terms of lawyers’ work hours), Professor Craig McEwen argued that it was the wrong question to ask whether “mediation works.” Critics of the Report had argued that its methodology led to … Continue reading Some Good Questions →

What is Negotiation?, Part 2

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We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if it was largely irrelevant to the information available and the dynamics in negotiation. I base … Continue reading What is Negotiation?, Part 2 →

To Puff or Not to Puff . . . (or When and How to Puff)

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I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.”   Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen.   I’m no expert … Continue reading To Puff or Not to Puff . . . (or When and How to Puff) →

What is Negotiation?, Part 1

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I know that this sounds like another one of my dumb questions. But the meaning of negotiation is surprisingly opaque.  People have very different ideas about this.  And the definition you choose has important practical implications. I stumbled onto this problem as I studied and taught negotiation in recent years. In an article on negotiation … Continue reading What is Negotiation?, Part 1 →

Ganson on Business and Conflict Prevention

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Brian Ganson (University of Stellenbosch Business School, Cape Town, South Africa) has published a paper with the Geneva Peacebuilding Platform (2011, Series Paper No. 2) in connection with their conference on “Strengthening International Support for Conflict Prevention.” From the Introduction: Practitioners, scholars and institutional actors focus on the predatory aspects of business in fragile environments … Continue reading Ganson on Business and Conflict Prevention →

Young on Teaching Ethics

Paula Young (Appalachian) has published two papers on teaching ethics in law school. Her 2011 article, Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, builds on her previous article, Teaching Professional Ethics to … Continue reading Young on Teaching Ethics →