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Updated: 26 min 46 sec ago

A Case Study of Murphy’s Law in Missouri

Fri, 2018-07-27 08:34
Ben Trachtenberg, one of the sharpest faculty at my school, wrote this outstanding article analyzing what went wrong during the highly-publicized controversies at the University of Missouri in 2015.  Having lived through this painful conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things … Continue reading A Case Study of Murphy’s Law in Missouri →

Keet and Heavin on Why Litigation Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

Wed, 2018-07-25 21:08
Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation risk assessment” (LRA), something you probably teach using different names.  You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LRA. Building on their own and others’ research, they developed a simple but comprehensive framework for practitioners … Continue reading Keet and Heavin on Why Litigation Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It →

An Epic (and Compounded) Mistake in Epic Systems

Wed, 2018-07-25 10:28
  In my 2015 article, Justice Scalia’s Hat Trick and the Supreme Court’s Flawed Understanding of Twenty-First Century Arbitration, I pointed out a factual mistake in the majority opinion in American Express v. Italian Colors, 133 S. Ct. 2304 (2013). In that opinion, Justice Scalia wrote: A pair of our cases brings home the point [that a class … Continue reading An Epic (and Compounded) Mistake in Epic Systems →

Stone Soup in 2L and 3L Courses

Tue, 2018-07-24 20:21
The Stone Soup Project is about learning how things actually work in practice.  Exposing students to the real world of practice through interviews or observations of actual cases can help them make sense of legal doctrine. Although we have started using Stone Soup in traditional ADR courses, the same techniques can work in a wide … Continue reading Stone Soup in 2L and 3L Courses →

Stone Soup in 1L Courses

Mon, 2018-07-23 20:49
Many colleagues see an obvious benefit from using Stone Soup assignments in traditional dispute resolution courses but have doubts about using them in other courses, especially 1L courses.  At the ABA Legal Educators’ Colloquium, some people worried that using Stone Soup in 1L courses would overwhelm students. That shouldn’t necessarily be the case, especially if … Continue reading Stone Soup in 1L Courses →

Lisa Blomgren Amsler Receives Lifetime Achievement Award

Mon, 2018-07-23 17:06
Here’s the first paragraph of a press release from Marquis Who’s Who: “Marquis Who’s Who, the world’s premier publisher of biographical profiles, is proud to present Lisa Blomgren Amsler with the Albert Nelson Marquis Lifetime Achievement Award. An accomplished listee, Ms. Amsler (nee Blomgren, and formerly Bingham) celebrates many years’ experience in her professional network, and … Continue reading Lisa Blomgren Amsler Receives Lifetime Achievement Award →

Conflict Resolution Faculty Position at Cornell ILR

Mon, 2018-07-23 08:48
From Cornell’s Alex Colvin: The ILR School at Cornell is searching for a faculty position in conflict resolution. Applications are welcome; please pass along to any interested individuals. Details at the link below. Tenure-Track Assistant or Associate Professor Position in Conflict Resolution https://academicjobsonline.org/ajo/jobs/11371 The ILR School at Cornell University invites applications for a tenure-track faculty … Continue reading Conflict Resolution Faculty Position at Cornell ILR →

What’s Wrong with Superheroes?

Sun, 2018-07-22 20:25
Having recently railed against the popularity of superhero movies, I was struck by the themes in the new animated film, Incredibles 2, a satire of the superhero genre.  One major theme is about people’s problematic desires for superheroes. A speech by the villain summarizes the critique of people’s dependence on superheroes.  She says: “Screenslaver interrupts … Continue reading What’s Wrong with Superheroes? →

Mosten and Cordover’s New Collaborative Law Book

Fri, 2018-07-20 15:42
You probably know – or at least know of – Forrest (Woody) Mosten.  He is the award-winning mediator, lawyer, and peacemaker who is called the “father of unbundling,” referring to the process of offering legal clients discrete services as distinct from a complete bundled representation, as lawyers traditionally provide.  He also is a prominent collaborative … Continue reading Mosten and Cordover’s New Collaborative Law Book →

SOAS Arbitration in Africa Survey

Wed, 2018-07-18 19:13
Hello all: This is my maiden post on Indisputably! A big thank you to my esteemed colleagues Andrea, Michael, Sarah, Art, Jill, Cynthia, Jen, and John for letting me blog with you. I hope you don’t regret it.

Stone Soup in Canada

Mon, 2018-07-16 19:14
Last month, Michaela Keet (Saskatchewan), Martha Simmons (Osgoode Hall), Gemma Smyth (Windsor), and I gave a presentation about the Stone Soup Project at the joint annual conference of the Association for Canadian Clinical Legal Education (ACCLE) and Canadian Association of Law Teachers (CALT). You can click on the following powerpoint to get an overview of … Continue reading Stone Soup in Canada →

Call for Proposals for ABA Conference

Mon, 2018-07-16 15:17
The ABA Section of Dispute Resolution is calling for proposals for the 2019 Spring Conference.  The theme is “Shining the Light on Parties: Enhancing the Experience of ADR Users.” The 2019 Annual Spring Conference will be held on April 10-13, 2019 at the Hyatt Regency Hotel in Minneapolis, Minnesota. Here is a brief sketch of … Continue reading Call for Proposals for ABA Conference →

Falsified Job Offer from another University Leads to Criminal Charges for Colorado State Chemistry Professor

Mon, 2018-07-16 12:00
When teaching negotiation ethics, it is important to discuss false offers being used as leverage in negotiation.  In my experience, most people use them when time is short and the existence of the competing offer cannot be verified – which makes it difficult to know what to do.  From here on out, use this example … Continue reading Falsified Job Offer from another University Leads to Criminal Charges for Colorado State Chemistry Professor →

The President’s Negotiation Skills…

Sun, 2018-07-15 13:07
In advance of the meeting with Russian President Vladimir Putin, colleague Marty Latz published this column in Politico this week:  Why Trump’s Aggressive Tactics Make Him a Less Effective Negotiator.  Marty argues, after studying his entire career, that while Trump touts his negotiation skills and thinks that this meeting with Putin will be his easiest, he … Continue reading The President’s Negotiation Skills… →

How Should ADR Folks Participate in a Grand Real-Time Negotiation?

Sat, 2018-07-14 20:18
President Trump is scheduled to have a summit meeting with Russian President Putin on Monday.  The timing of this meeting right after the indictment of 12 Russian intelligence officials demonstrates the bizarre political situation we are in. Mr. Trump seeks a close relationship with a foreign leader whose top spies systematically interfered in our elections … Continue reading How Should ADR Folks Participate in a Grand Real-Time Negotiation? →

Can We Talk? Should We?

Thu, 2018-07-12 11:53
In our field, we specialize in facilitating conversations between people who think differently about things. But even our field has been divided by the question of whether we can or should converse with people who hold particular views. Consider this graphic: (HT to Above the Law. You can click on it to make it bigger.) … Continue reading Can We Talk? Should We? →

Charity Scott’s Reflections on Stone Soup

Wed, 2018-07-11 20:41
I have been getting in touch with lots of friends and colleagues encouraging them to consider using a Stone Soup assignment in one or more of their courses next year. Charity Scott, Georgia State, who used Stone Soup last year once in Negotiation and twice in Mediation, responded with this lovely email. “Nice to hear … Continue reading Charity Scott’s Reflections on Stone Soup →

ADR: Incremental Reform or Radical Change?

Tue, 2018-07-10 11:40
Whether some problem requires radical change or incremental reform is a familiar tension in law and life. Should we abolish prisons, for example, or should we seek to improve them? Is cold-turkey best for drug addiction, or is a phased approach more effective? Does it make more sense to repeal the Second Amendment than to … Continue reading ADR: Incremental Reform or Radical Change? →

ABA Programs on Evaluation in Mediation and Relational Practice

Tue, 2018-07-10 11:24
The ABA Section of Dispute Resolution announced two programs that look really good.  One is a webinar, Evaluation: A Potential Tool in Your Mediation Strategy, on July 25, and the other is a Relational Practice Virtual Summit on September 4-7. Video Webinar on Evaluation in Mediation The ADR Section is trying something new – a free … Continue reading ABA Programs on Evaluation in Mediation and Relational Practice →

An Alien Perspective

Sun, 2018-07-08 20:56
I don’t understand people from your planet.  Many Americans and other earthlings are obsessed with superhero movies. Writer Mark Bowden recently noted that “Seven of the 11 top-grossing films of 2017 were superhero movies, based on characters first introduced in comic books.”  That doesn’t even include the gigazillion epic hero movies that are not based … Continue reading An Alien Perspective →