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Linking Dispute Resolution Scholarship, Education, and Practice
Updated: 18 min 18 sec ago

DR Law Faculty Seminar in Israel – Justice Aharon Barak

Wed, 2017-12-13 15:03
Justice Aharon Barak joined the Supreme Court of Israel in 1978, and became its President in 1995, serving until 2006. He is widely considered one of the greatest Israeli jurists. (See his full bio here.) This morning the Academic Partners for Peace DR Law Faculty had the honor of spending more than an hour listening … Continue reading DR Law Faculty Seminar in Israel – Justice Aharon Barak →

DR Faculty Seminar in Israel – Tzipi Livini, Member of Knessset

Tue, 2017-12-12 23:04
Ms. Tzipi Livini has served in 8 separate cabinet positions including Minister of Justice and former Minister of Foreign Affairs (01-09).  She is a Member of the Knesset and is the current leader of the Zionist Union party.  She is one of, if not the, leading proponents of the 2 state solution in Israeli politics … Continue reading DR Faculty Seminar in Israel – Tzipi Livini, Member of Knessset →

Academic Partners for Peace, Dispute Resolution Law Faculty Seminar in Israel

Tue, 2017-12-12 21:55
Our one and only Andrea Schneider is well known for organizing trips to various places for her students, Israel and Cuba to name a few, and she regularly blogs about those trips.  This time she’s organized a trip to Israel for US Dispute Resolution Scholars both to give us the adventure learning treatment and to … Continue reading Academic Partners for Peace, Dispute Resolution Law Faculty Seminar in Israel →

Stone Soup:  A Thousand Great Chefs

Tue, 2017-12-12 18:38
In June, Rafael Gely and I, the co-directors of the Stone Soup Project, decided to shift our approach from our original plan of a centralized database to a decentralized set of experimental efforts to produce knowledge about actual practice – aka letting a thousand chefs cook. I recently talked with many of the faculty who have … Continue reading Stone Soup:  A Thousand Great Chefs →

Cat Person and Consent

Mon, 2017-12-11 12:48
Kristen Roupenian’s new short story, “Cat Person,” is a fascinating story of relationship that manages to capture (among other things) the complexities of consent. Why we agree to what we agree to is such a fraught and often overdetermined question — it is not as simple as arming ourselves with the facts and making a … Continue reading Cat Person and Consent →

Stone Soup:  Takeaways From New Hampshire Mediation Training

Sun, 2017-12-10 13:27
Recently, Susan Yates and I conducted mediation trainings on behalf of the United States District Court for the District of New Hampshire, the New Hampshire Judicial Branch Office of Mediation and Arbitration, and the University of New Hampshire, School of Law. As part of the trainings, we collected survey data and focus-group-like comments from the … Continue reading Stone Soup:  Takeaways From New Hampshire Mediation Training →

Stone Soup:  Model for Gathering Data at Continuing Education Programs

Sun, 2017-12-10 13:27
Recently, Susan Yates and I conducted mediation trainings on behalf of the United States District Court for the District of New Hampshire, the New Hampshire Judicial Branch Office of Mediation and Arbitration, and the University of New Hampshire, School of Law. As part of the trainings, we collected survey data and focus-group-like comments from the … Continue reading Stone Soup:  Model for Gathering Data at Continuing Education Programs →

Restorative Justice and Apologies

Fri, 2017-12-08 10:20
Today on NPR’s Morning Edition StoryCore interview, the father of a victim of a school shooting (Greg Gibson) and the shooter who killed his son (Wayne Lo) talked about the event and their lives 25 years after the incident.  Gibson wrote a book about the event and he talked to everyone – except for Lo.  … Continue reading Restorative Justice and Apologies →

Stone Soup Course Assessments

Thu, 2017-12-07 20:50
The Stone Soup Project is a collaborative effort to develop and share knowledge, not only about actual practice of dispute resolution and law, but also about pedagogical techniques to maximize the benefit from Stone Soup assignments and activities. Faculty using Stone Soup are assessing how well it worked in their courses and providing advice to … Continue reading Stone Soup Course Assessments →

Stone Soup Assessment: Peter Phillips’s Negotiation Course

Thu, 2017-12-07 20:43
Peter Phillips, the director of New York Law School’s ADR Skills Program, used Stone Soup in his negotiation course this semester. In his assessment, he wrote that the interview assignment was an excellent fit for his course, which helped students see in practice the theory they learned in class.  He told me that students enjoyed … Continue reading Stone Soup Assessment: Peter Phillips’s Negotiation Course →

Another Creative Cease-and-Desist

Wed, 2017-12-06 14:04
This time from Bud Light. Watch the video of the town crier reading the letter, which asks a Minnesota brewery to cease and desist using Bud Light’s trademarked “Dilly Dilly” in the name of brewery’s newly released “Dilly Dilly Mosaic Double IPA.” (If that link doesn’t work, try this one.) The transcript of the letter: … Continue reading Another Creative Cease-and-Desist →

Expressing Gratitude in Negotiations May Not Be A Good Idea?!

Tue, 2017-12-05 16:38
I just saw this abstract on SSRN — looks like a very interesting study that is, to me, not surprising, but a little depressing: “Thanks for Nothing: Expressing Gratitude Invites Exploitation by Competitors” Harvard PON Working Paper JEREMY A. YIP, University of Pennsylvania – The Wharton School Email: [email protected] CINDY CHAN, University of Toronto – … Continue reading Expressing Gratitude in Negotiations May Not Be A Good Idea?! →

Stone Soup:  Planting Seeds for Next Year

Mon, 2017-12-04 20:30
This post is to let people know about upcoming plans for the Stone Soup Project.  Faculty have been using Stone Soup in their courses this semester and generally have had very positive experiences.  I will start posting people’s brief assessments of their experiences to help colleagues plan Stone Soup for your courses next semester. This … Continue reading Stone Soup:  Planting Seeds for Next Year →

Letter to Kelly

Fri, 2017-12-01 20:12
Out of the blue, I got an email from a student at my university who I had never met.  She said that her best friend is graduating from college this month and will start law school in the fall.  As a graduation present, she is collecting letters with advice for her friend and she asked … Continue reading Letter to Kelly →

Mea Culpa. Kinda Sorta.

Fri, 2017-12-01 13:17
I have written a lot recently about apologies (and non-apologies), most recently a post focusing on Louis C.K.’s apology (which links to prior posts). Today, the New York Times ran a piece entitled “Mea Culpa. Kinda Sorta.” in which several writers parse the language in the apologies of Charlie Rose, Al Franken, Louis C.K., Kevin … Continue reading Mea Culpa. Kinda Sorta. →

Scholastica interview with Shestowsky

Thu, 2017-11-30 11:09
Scholastica, the service many of us use to disseminate our articles to law reviews, recently interviewed Donna Shestowsky (UC-Davis) about her work on litigant awareness of court ADR programs.  Here’s the interview in full. Imagine waiting a year or more to go to trial for a civil dispute that could have been resolved in less … Continue reading Scholastica interview with Shestowsky →

ADR Stories at Harvard Bicentennial

Thu, 2017-11-30 09:54
On October 27, HLS hosted a series of panels as part of its bicentennial celebration. I was fortunate to serve as a panelist on Negotiation for Lawyers: A Bird’s Eye View of Negotiation and Dispute Resolution, along with Mark Iwry, David Hoffman, Sheila Heen, and Bob Mnookin. We modeled our panel after the NPR program, … Continue reading ADR Stories at Harvard Bicentennial →

Are You Ready to Apply Unequivocal Research Findings That Students’ Use of Laptops in Class Reduces Learning?

Fri, 2017-11-24 20:23
University of Michigan Education Professor Susan Dynarski wrote a compelling article in the New York Times, Laptops Are Great. But Not During a Lecture or a Meeting. She cites research finding that when students use laptops in class, they not only reduce their own learning, but they also reduce the learning of nearby students. The … Continue reading Are You Ready to Apply Unequivocal Research Findings That Students’ Use of Laptops in Class Reduces Learning? →

Real Car Dealing

Wed, 2017-11-22 15:01
I just listened to an episode of a This American Life podcast entitled 129 Cars, referring to a car dealership’s monthly sales quota.   A team of reporters followed various people at a Long Island dealership for a month and the episode sounds like a sitcom. But it is very real, reflecting tensions in negotiations between … Continue reading Real Car Dealing →

Against Secret Settlements

Tue, 2017-11-21 14:15
The New Yorker has a fascinating new article by Ronan Farrow providing more information about some of the settlement structures used by Harvey Weinstein and his company. It is worth reading in full, but I’m including a few excerpts from the article below to give you a sense of the piece. The short version is … Continue reading Against Secret Settlements →