My colleague, Amy Schmitz, forwarded links to videos of the 2021 Virtual ODR Forum. Here’s the agenda. The last page has links to the pre-recorded presentations. Here are the full videos from the forum sessions. March 1 morning sessions March 1 afternoon sessions March 2 morning sessions March 2 afternoon sessions [Click the title of … Continue reading ODR Forum Videos
Everyone knows that lawyers should carefully assess their cases at the earliest appropriate time. In cases that are or might be litigated, lawyers often focus primarily or exclusively on estimating the expected court outcome (aka the BATNA value). The LIRA book provides guidance for more thorough and systematic case assessments, including values for tangible costs … Continue reading LIRA Videos Out the Wazoo!!
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
My indefatigable colleague, Amy Schmitz, recently gave an important presentation, “ODR through the Lens of A2J: Who Benefits?” which examined ODR’s successes and failures in advancing justice. Yale Law Professor Judith Resnik provided a commentary. This presentation was sponsored by the Quinnipiac-Yale Dispute Resolution Workshop. Click here to watch the video. [But first click on … Continue reading ODR through the Lens of A2J: Who Benefits?
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 Phillips, 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
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
Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic. Many faculty have been teaching fully or partially online and will continue to do so next semester because the virus is still way out of control in the US. Although using video has some advantages, … Continue reading Asynchronous Instruction in This Year of Living Dangerously
Jeff Trueman, an experienced Maryland mediator, 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 “positional negotiation.” He specifically … 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
My career has focused on helping disputants by analyzing and promoting helpful lawyering and other dispute resolution techniques. The ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions, is the culmination of my scholarly career, combining Michaela’s and Heather’s excellent research on litigation risk assessment and my work on planned … Continue reading LIRA Book Tour
