Who knew that humor theory was a thing? Philosophical theory, no less. I sure didn’t. Not until I took Audible’s “Great Course,” Take My Course, Please! The Philosophy of Humor, taught by Gettysburg College Philosophy Professor Steven Gimbel. When I stopped teaching courses, it left a lotta empty time on my hands. So I decided … Continue reading Humor Theory and Dispute Resolution
Nobel Laureate Daniel Kahneman died on March 27. He and his colleague, Amos Tversky, published foundational studies in behavioral economics demonstrating that people inevitably have numerous cognitive biases. They upended dominant theories that people simply act rationally to carefully maximize their self-interest. In our dispute resolution field, we rely on their insights to help people … Continue reading Daniel Kahneman
I am very honored to receive the ABA Dispute Resolution Section’s award for outstanding scholarly work this year – and all the congratulations from friends and colleagues in our field. It is particularly flattering considering the great number of folks in our community who deserve recognition for their valuable scholarship and other important work. This … Continue reading My Appreciation – Part 1
“The Washington Supreme Court has adopted alternative pathways to a law license, becoming the second state to do so in a little more than four months,” according to this ABA Journal article. The Court approved three ways to bypass a bar exam in Washington state, with different standards for law school graduates, law students and … Continue reading Washington State Follows Oregon and Wisconsin by Approving Alternatives to Bar Exam
When Someone You Love Is Upset, Ask This One Question, writes New York Times “wellness columnist” Jancee Dunn. It’s a helpful question for almost anyone – including colleagues, students, and clients – even if you don’t love them. This question can give people a sense of control, which they may really appreciate, especially when they … Continue reading Do You Want to Be Helped, Heard or Hugged?
The New York Times published an encouraging article, Gratitude Really Is Good for You. Here’s What the Science Shows. Here are some excerpts. Giving, receiving and even witnessing gratitude can improve your well-being, especially during difficult times. . . . To date, numerous studies have found that having a grateful outlook, “counting one’s blessings” and … Continue reading Gratitude Really Is Good for You
The New York Times headline, Trump’s Legal Team Is Enmeshed in a Tangle of Possible Conflicts, is a gross understatement – and that was before the indictment in Georgia. According to the article, “Former President Donald J. Trump’s growing cast of lawyers is marked by a web of overlapping interests encompassing witnesses, co-defendants and potential … Continue reading What a Tangled Web
A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes. Attorneys often acted paternalistically, taking control over virtually every aspect of the cases. The legal system … Continue reading Focus on Party Decision-Making
Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic. The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is … Continue reading Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System
If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it. But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?
