Tag Archives: Video

ODR through the Lens of A2J: Who Benefits?

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?

You Really Should Know About Kris Franklin

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

Need for Clear Language Initiative to un-Babel Our Models

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

Asynchronous Instruction in This Year of Living Dangerously

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’s Study on Nightmares of “Positional” Tactics in Mediation

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

They Should Call It Negotiation School, Not Law School

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

LIRA Book Tour

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

Dispute Resolution Video and Podcast Online Library

One of the “benefits” of this horrible coronavirus crisis is that it makes it easier to provide professional education by video.  Virtually all of us have become proficient in using video and so it is easy to produce programs that many people will want to see.  As a result, we can much more efficiently produce, … Continue reading Dispute Resolution Video and Podcast Online Library

LIRA Videos

This post collects several videos about the litigation interest and risk assessment (LIRA) techniques described in the book that Michaela Keet, Heather Heavin, and I wrote about the subject.  The videos may be of interest to academics, practitioners, and students. Considering the challenges of synchronous instruction these days, faculty may want to assign some of … Continue reading LIRA Videos

Dispute System Design Discussion on July 29

The National Center for Technology and Dispute Resolution  hosted a panel discussion and book launch on Wednesday, July 29. The program is entitled “Dispute System Design for the 21st Century.” The book is Dispute Systems Design: Preventing, Managing and Resolving Conflict by Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith, published by Stanford … Continue reading Dispute System Design Discussion on July 29