I generally prefer not to tell people what to do. So perhaps I should reframe the title of this post to “If You Don’t Read Noam’s Masterpiece Right This Minute, You Will Hate Yourself Forever.” I refer to Noam Ebner’s article, Negotiation is Changing, which is part of the Tower of Babel symposium. He has … Continue reading Drop Everything and Read Noam’s Masterpiece Right Now
About ten years ago, Jayanth (Jay) Krishnan (Indiana-Bloomington) invited me to participate in a symposium of former students of Prof. Marc Galanter honoring his great scholarship. I was delighted to accept the invitation because I don’t think that many of our DR colleagues know much about his work and I wanted to introduce it to … Continue reading Case Study on International Dispute Resolution Intervention
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
In my post, Non-Apology Apologies, Part 2, I briefly described Wells Fargo’s acceptance of responsibility but refusal to apologize for its fraudulent practices in creating accounts without customers’ authorization. This post focuses on a point in a New York Times article that provides fascinating background relevant to lawyers, law professors, and law students. Top executives … Continue reading Non-Apology Apologies, Ethics, and Lawyers
GFOI Bernie Mayer has a wonderful blog, Staying with Conflict – the Election Edition 2016. Our political discourse is a far cry from what we learned in high school civics class. Past elections have displayed serious problems of misrepresentation, fearmongering, and evasion of serious discussion of critical issues. But it is so much worse this … Continue reading Bernie Mayer’s Great Blog – Staying with Conflict During this Crazy Election
As you may recall, it has been asserted in this space that “puffing sucks.” Now, a long article in the New York Times entitled, Donald Trump’s Deals Rely on Being Creative With the Truth, documents a long series of instances (including many negotiations) which it euphemistically calls being “creative” with the truth. (Query: if this … Continue reading Puffing About Puffing?
Thanks to Kim Wright, at Cutting Edge Law, I learned about a wonderful TED talk that David Hoffman gave: Lawyers as Peacemakers. Really?!? Yes, Really. It describes his personal journey from a hippie seeking social justice to lawyer who sometimes litigated to full-time peacemaker practicing mediation and collaborative law (CL). It is an inspiring talk, … Continue reading Fabulous TED Talk by David Hoffman on Lawyers as Peacemakers
Probably like most faculty who read this blog, at my school, we are very proud of our students (or most of them, anyway). We want to let people know of their good work, so we are highlighting some of their publications in our Journal of Dispute Resolution. I am starting with an excellent comment by … Continue reading Mashburn on Mediation in Open Adoption Cases
