This has been a dramatic week to say the least. Very few people expected the outcome of the presidential election. The country is starkly divided with one major candidate receiving more electoral votes while the other major candidate received more popular votes. Although the two candidates received a similar number of popular votes, the exit … Continue reading How Can We Build Common Ground Between Bubbles? – Part 1
This week I gave a talk by skype to EFOI Elayne Greenberg’s Dispute System Design Seminar through St. John’s Hon. Hugh L. Carey Center for Dispute Resolution. This year-long honors seminar is described as follows. “The 3L Carey Center Fellows in the seminar use a textbook, and explore real-life examples, that introduce the core elements … Continue reading Presentation at St. John’s DSD Seminar on Overcoming Barriers to Implementation of PEDR Systems
Following up the Tower of Babel Symposium this month, there will be a program at the ABA SDR conference next April entitled, “Making Negotiation Theory More Helpful for Practitioners.” We want to include a practitioner on the panel and we asked Wayne Brazil if he would join us. Wayne served as a magistrate judge in … Continue reading Tower of Babel Symposium Bonus – Conversation with Wayne Brazil
A New York Times article with that headline observes that we are “in a political season when ethnic, racist and sexual slurs, not to mention general insults, seem to have become part of everyday chatter.” Dealing with offensive comments can be hard for people generally and there are particular challenges for dispute resolution professionals. The … Continue reading Lessons in the Delicate Art of Confronting Offensive Speech
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below. Before I get to her description, I want to say a few words about why I think her book is particularly important. I have been writing about early dispute resolution, especially planned … Continue reading Lainey Feingold’s Book on Structured Negotiation
I got hooked on listening to podcasts this year and one of my favorites is the NPR TED Radio Hour. (As a reminder, there was a wonderful session at the ABA SDR conference about podcasts and Rishi Batra compiled a list of podcasts that you might be interested in.) I recently listened to an extremely … Continue reading The Gift of Listening
It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them. 21st Century Fox First, some updates about the 21st Century Fox apology. I thought it was bland but some commentators, … Continue reading Non-Apology Apologies, Part 2
I recently talked with Nancy Rogers, one of the pioneers in our field, who is living her version of what I have called “unbundled retirement.” Nancy described Ohio State’s Program on Law and Leadership, which she directs along with program coordinator Mary Rose Sullivan. I was particularly intrigued by Nancy’s description of leadership embodied in … Continue reading Training Law Students to be Leaders
This is part of the “virtual book club” discussing readings for the symposium at the University of Missouri on October 7: Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding. David Matz suggested a scene from the David Grossman book, To The End of the Land (English translation 2010). Here’s … Continue reading Symposium Book Club – Conversation with David Matz About David Grossman’s To the End of the Land
The law generally doesn’t do much to promote apologies. They aren’t included in the panoply of remedies that judges can impose on unwilling parties. Even if courts could order parties to apologize, the apologies probably would be of the unsatisfying tell-your-sister-you’re-sorry variety. Professor Jonathan Cohen has written wonderful pieces on The Immorality of Denial, 79 … Continue reading Non-Apology Apologies – Part 1
