Tag Archives: Did You Hear About?

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 →

Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options

Donna Shestowsky recently gave a presentation to the CPR Mediation Committee about litigants’ knowledge of courts’ ADR options in their cases.  She presented her research showing that litigants seem to be unaware of ADR options, and that knowing about some of these options – specifically, mediation – improves litigants’ opinions of the court itself.  Shockingly, … Continue reading Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options →

Ava Abramowitz Article on Data Collection as Element in Strategy to Promote Good Police Performance

This week, there was another shooting of an unarmed Black man by police, this time in Kenosha, Wisconsin. So it’s very timely to read an article co-authored by MFOI Ava Abramowitz an article in Lawfare, Measurement Matters: The Key to Police Reform.  The authors take a dispute system design approach to analyzing the problems, focusing … Continue reading Ava Abramowitz Article on Data Collection as Element in Strategy to Promote Good Police Performance →

Master Class in Non-Apology Apologies

Washington Post columnist and honorary dispute resolution expert Alexandra Petri provided a highly nuanced analysis of non-apology apologies recently illustrated by the grand master, Rep. Ted Yoho, who called his colleague, Rep. Alexandria Ocasio-Cortez, a “fucking bitch” (pardon my French). (Careful readers will recall my thrilling two-part series on non-apology apologies beginning here as well … Continue reading Master Class in Non-Apology Apologies →

Industrial-Strength Denial

Jim Coben’s wife, Barbara Freese, recently published a fascinating book, Industrial-Strength Denial: Eight Stories of Corporations Defending the Indefensible, from the Slave Trade to Climate Change. I haven’t read it, but I assume it’s a fascinating book based on a wonderful video interview of Barbara by Joe Rogan (and this link contains some clips).  Here’s … Continue reading Industrial-Strength Denial →

Some History of Racial Issues in the US

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Public revulsion at the killings of George Floyd and other Blacks has led many people to challenge accepted accounts of our history reflected in symbols such as Confederate flags, statues, and names of military bases, educational institutions, and sports teams. Many organizations, including universities, are taking a much more serious look at institutionalized racism in … Continue reading Some History of Racial Issues in the US →

Jurist Articles

Colleagues recently wrote two timely articles for Jurist, which is soliciting additional pieces. TFOI Ben Davis wrote The Business of Reopening Colleges and Universities in a Pandemic. GFOI Cheryl L. Wade and Elayne E. Greenberg wrote July 4, 2020: How Will We Celebrate? Ben reported that Jurist publisher Bernard Hibbits invites additional articles.  If you … Continue reading Jurist Articles →