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Linking Dispute Resolution Scholarship, Education, and Practice
Updated: 19 min 7 sec ago

IACM Call for Papers

Fri, 2018-10-12 12:44
I am delighted to post IACM’s call for papers here.  This annual conference from the International Association of Conflict Management is a great opportunity to keep up to date on all sorts of interdisciplinary and empirical work from researchers in economics, psychology, business, and public planning.  I highly recommend the conference–which is much fun–and this … Continue reading IACM Call for Papers →

How Can We Fix Legal System Failures to Properly Handle Sexual Offenses?

Tue, 2018-10-09 17:58
Over the past year, we have witnessed growing evidence of the massive failures of our legal system to deal properly with a rampant system in which powerful men sexually dominate others, especially women. This post describes the nature, magnitude, and consequences of a long-term history of criminal and civil sexual offenses in the US and … Continue reading How Can We Fix Legal System Failures to Properly Handle Sexual Offenses? →

Nancy Rogers Receives Lifetime Achievement Award from IAM

Mon, 2018-10-08 15:22
I’m proud to announce Nancy Hardin Rogers’ receipt of the International Academy of Mediators Lifetime Achievement Award. I’ll let IAM’s description speak for itself: Nancy Hardin Rogers’ impact on mediation as we currently know it places her among the living legends of ADR. From her work on the initial drafting of the Uniform Mediation Act … Continue reading Nancy Rogers Receives Lifetime Achievement Award from IAM →

AALS ADR Works-in-Progress Conference

Sun, 2018-10-07 19:52
Last Thursday through Saturday, the University of Maryland Francis King Carey School of Law hosted the 12th Annual AALS ADR Section’s Works-in-Progress Conference. Now the standard-bearer as THE scholarly conference in the U.S. in the area of dispute resolution, participants heard presentations from scholars ranging from seeds of an idea to almost-completed papers, and gave … Continue reading AALS ADR Works-in-Progress Conference →

Seeking Nominations for Mangano Award for DR Empirical Research

Sun, 2018-10-07 19:46
From FOI Elayne Greenberg (St. John’s): About the Mangano Award Given annually through the generosity of esteemed dispute resolution champion Hon. Guy J. Mangano, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are invited to … Continue reading Seeking Nominations for Mangano Award for DR Empirical Research →

Does Anger Pay Off?

Tue, 2018-10-02 17:46
Building on Andrea’s post on teaching the Kavanaugh hearings, I am thinking about whether and how to teach my negotiation students about strategic uses of anger. Obviously such a discussion raises interesting questions around whether and how certain groups are able to display anger, and to whom. (It’s not true that all men can act … Continue reading Does Anger Pay Off? →

Energy Siting Disputes – New Book

Mon, 2018-10-01 19:52
I just got word of (and am excited to see) a new book called “Resolving Land and Energy Conflicts.” I have the very highest regard for the work Patrick Field has been doing in this field for decades, and I’m eager to see what he and his colleagues have pulled together, in terms of resources. … Continue reading Energy Siting Disputes – New Book →

The Kavanaugh Hearings Through the Lens of Arbitration

Sun, 2018-09-30 23:01
Greetings from Hong Kong, where the Kavanaugh hearings have been the subject of much discussion among non-American colleagues based here, many of whom stayed up into the night to watch the hearings live.  I have wanted to say something about this for a while now, and so I thank Jen Reynolds and John Lande for … Continue reading The Kavanaugh Hearings Through the Lens of Arbitration →

Teaching the Kavanaugh Hearings

Sun, 2018-09-30 17:47
On Thursday, I decided not to teach my scheduled ethics class and, instead, put on the Kavanaugh hearings.  During a break, we had about 30 minutes to talk as a class about the students’ impressions which ranged from he is lying to she is lying and everything in between (including the interruptions by the Judge, … Continue reading Teaching the Kavanaugh Hearings →

More Observations about the Kavanaugh Hearing

Sat, 2018-09-29 12:37
Yesterday, Jen wrote an insightful post analyzing Judge Kavanaugh’s problematic apology to Senator Klobuchar.  Interestingly, he committed the same offense with Senator Whitehouse – arrogantly responding to a question about his drinking by asking the senator about his drinking – but didn’t apologize to him. This post provides a few more observations about this remarkable … Continue reading More Observations about the Kavanaugh Hearing →

Kavanaugh Apologizes to Klobuchar

Fri, 2018-09-28 17:42
In case you hadn’t heard, yesterday Judge Kavanaugh appeared before the Senate Judiciary Committee to respond to Dr. Christine Blasey Ford’s allegation that he sexually assaulted her when they were teenagers. His testimony, both what he said and how he said it, provides much for us to analyze. Consider this exchange with Senator Amy Klobuchar: … Continue reading Kavanaugh Apologizes to Klobuchar →

Serial Podcast Shows How Much You Can Learn From a Single Case

Wed, 2018-09-26 20:15
The first episode of the Serial podcast’s new season is a dramatic illustration of how much you can learn from a single case.  The case involves a young white woman who was prosecuted for her participation in a bar fight.  The Serial team are incredible storytellers, so this podcast is not “just” educational, but it … Continue reading Serial Podcast Shows How Much You Can Learn From a Single Case →

Real-Life Account of Litigation Stress in Bill Cosby Case

Tue, 2018-09-25 15:18
I just wrote a post describing “litigation stress” that parties experience during litigation, noting that this can be particularly painful in some cases like those involving sexual assault allegations. Allegations of sexual assault by Judge Brett Kavanaugh have been in the news a lot lately.  While these allegations aren’t being litigated in court, the process … Continue reading Real-Life Account of Litigation Stress in Bill Cosby Case →

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

Sun, 2018-09-23 20:22
Litigation offers many potential benefits.  It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.  It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves.  Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments →

Charles Craver to Deliver OSU’s 2018 Lawrence Lecture

Mon, 2018-09-17 13:01
On Monday September 24, 2018 , GW Professor Charles Craver will deliver the Ohio State University Moritz College of Law’s 2018 Lawrence Lecture: Negotiator Styles and Six Stages of the Negotiation Process. Here is the description from OSU’s website (https://go.osu.edu/Lawrence2018): Professor Craver will leverage decades of experience teaching negotiation and alternative dispute resolution as he … Continue reading Charles Craver to Deliver OSU’s 2018 Lawrence Lecture →

Serial Podcast Examines the Criminal Justice System

Thu, 2018-09-13 18:36
Like millions of others, I got hooked on the Serial podcasts.  The first season told the story of a real-life whodunit, examining the trial of a young man convicted of murdering his ex-girlfriend.  The second season focused on Bowe Bergdahl, a soldier who left his base in Afghanistan and was held captive by the Taliban … Continue reading Serial Podcast Examines the Criminal Justice System →

Shining a Light on Dispute Resolution: Transparency, Metrics and Empirical Research

Tue, 2018-09-11 23:26
From my dear colleague and FOI, Professor Nancy Welsh, Director of the Dispute Resolution Program at Texas A&M: Texas A&M Law’s Dispute Resolution Program is very pleased to invite you to our annual symposium: Shining a Light on Dispute Resolution: Transparency, Metrics and Empirical Research. It will be held on Friday, November 16, 2018, with … Continue reading Shining a Light on Dispute Resolution: Transparency, Metrics and Empirical Research →

Creighton Program on Disrupting Law and Reclaiming Justice on October 8

Tue, 2018-09-11 08:23
The Negotiation and Conflict Resolution (NCR) Program in the Creighton University Graduate School is excited to invite you to Disrupting Law, Reclaiming Justice – an upcoming event at Creighton that brings to the Heartland a national conversation about the need to remake the legal system – for it to be more responsive to more people, … Continue reading Creighton Program on Disrupting Law and Reclaiming Justice on October 8 →

Building Political Common Ground

Sun, 2018-09-09 21:23
Probably like many readers of this blog, I have been very uncomfortable with our highly polarized politics lately.  I have written about my conflicted feelings about how to deal with these issues, including this article, How Can We Build Common Ground Between Bubbles? Clearly, it is counterproductive to try to build common ground with people … Continue reading Building Political Common Ground →

What Do Litigants Really Want?

Tue, 2018-09-04 08:09
GFOI Donna Shestowsky (California-Davis) recently wrote the latest in a series of her studies asking actual litigants about their procedural preferences.  The article is Inside the Mind of the Client:  An Analysis of Litigants’ Decision Criteria for Choosing Procedures, 36 Conflict Resolution Quarterly 69 (2018).  Here’s the abstract:     This article presents findings from … Continue reading What Do Litigants Really Want? →