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Updated: 7 min 37 sec ago

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 →

Smart & Savvy: Negotiation Strategies in Academia

Mon, 2017-11-20 11:00
I am delighted to announce that my new book is now available. Smart & Savvy: Negotiation Strategies for Academia is based on my experience training scientists and doctors in negotiation. My father and co-author, David Kupfer, is distinguished professor emeritus at the University of Pittsburgh, was chair of their Department of Psychiatry for over 25 … Continue reading Smart & Savvy: Negotiation Strategies in Academia →

Recent Major Law Faculty Awards

Mon, 2017-11-20 10:24
If you didn’t see the blog or the listserv a little over a week ago, you missed the announcements of two major awards.  Carol Izumi (UC-Hastings) received the William Pincus Award for outstanding service and commitment to clinical legal education, the highest award the AALS’s Clinical Section bestows.  And, Carrie Menkel-Meadow (UC-Irvine) received the ABA … Continue reading Recent Major Law Faculty Awards →

ADR Law Student Writing Competition with $10,000 Prize!

Fri, 2017-11-17 09:48
From FOI Jacqueline Nolan-Haley (Fordham): I am happy to announce the details of the second annual ADR writing competition. NATIONAL CHAMPIONSHIP ADR LAW STUDENT WRITING COMPETITION 2018 The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the Second Annual NYSBA/ACCTM National Championship … Continue reading ADR Law Student Writing Competition with $10,000 Prize! →

Louis C.K.’s Apology

Wed, 2017-11-15 20:46
Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct.  The comedian Louis C.K. is one of the men who has been accused.  He publicly acknowledged that the accusations were true and apologized. Political science professor Nancy D. Wadsworth … Continue reading Louis C.K.’s Apology →

Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers

Wed, 2017-11-15 20:41
In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct.  Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so.  In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers →

Do You Use “BATNA” Wrong?

Mon, 2017-11-13 04:01
If so, you have a lot of company. Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.” This is one of my pet peeves, which drives me crazy – an admittedly short excursion. I discussed this in my top-notch post, BATNA, MLATNA – … Continue reading Do You Use “BATNA” Wrong? →

Live Stream Links: Melnick Symposium – Cardozo Journal of Conflict Resolution

Sun, 2017-11-12 20:45
From Donna Erez-Navot at Cardozo. Dear Dispute Resolution Community:Dear Dispute Resolution Community: The Cardozo Journal of Conflict Resolution is very excited to announce that the 2017 Jed D. Melnick Symposium, Persistent Human Divides: Creative Initiatives for Communication, Collaboration, and Cohesion, will be available to live stream on November 13, 2017! Links to the live stream … Continue reading Live Stream Links: Melnick Symposium – Cardozo Journal of Conflict Resolution →

Do You Use “BATNA” Wrong?

Sun, 2017-11-12 19:49
If so, you have a lot of company. Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.” This is one of my pet peeves, which drives me crazy – an admittedly short excursion. I discussed this in my top-notch post, BATNA, MLATNA – … Continue reading Do You Use “BATNA” Wrong? →

Carrie Menkel-Meadow Wins American Bar Foundation Outstanding Scholar Award

Sat, 2017-11-11 13:45
The Fellows of the Amerian Bar Foundation have selected FOI Carrie Menkel-Meadow (UC-Irvine) as the 2018 recipient of the ABF Outstanding Scholar Award.  According to the ABF’s Executive Director Ajay K. Mehrota: The award recognizes your decades-long work in creating, building, shaping, and internationalizing what has become the field of alternative dispute resolution, and your … Continue reading Carrie Menkel-Meadow Wins American Bar Foundation Outstanding Scholar Award →

Missouri Symposium on Managing Disputes About Speech on Campus

Thu, 2017-11-09 18:45
Missouri’s Center for the Study of Dispute Resolution recently held our annual symposium in coordination with our Journal of Dispute Resolution.  The symposium, entitled “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes,” was organized by Professors Bob Jerry and Chris Wells.  They specialize, respectively, in insurance law and … Continue reading Missouri Symposium on Managing Disputes About Speech on Campus →

Photo Album – Missouri Symposium on Disputes About Speech on Campus

Thu, 2017-11-09 18:44
In a separate post, I describe Missouri’s latest annual symposium,  “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes.” This post provides photos of some folks who you may (or should) know.   Click here for a description of my photo album process. Dean Lyrissa Lidsky and Bob Jerry Bob Jerry … Continue reading Photo Album – Missouri Symposium on Disputes About Speech on Campus →

Professor Carol Izumi to receive 2017 William Pincus Award

Thu, 2017-11-09 11:50
I’m thrilled to share this exciting news from the AALS clinical law section with those of you who haven’t yet heard: Professor Carol Izumi has been awarded the 2017 William Pincus Award for Outstanding Service and Commitment to Clinical Legal Education. Carol is being recognized for her longtime service to the AALS, including her service … Continue reading Professor Carol Izumi to receive 2017 William Pincus Award →

Photo Album – AALS WIP Conference 2017

Wed, 2017-11-08 20:28
As I recently mentioned, Arizona State  hosted this year’s wonderful AALS ADR Section Works-in-Progress conference.  In addition to hearing what veterans in our field are working on, I was especially impressed by the work of some of our newer colleagues.  The conference showcased ASU’s cool new building in downtown Phoenix, where the temperature never got … Continue reading Photo Album – AALS WIP Conference 2017 →

The Best Negotiation I Ever Lost–RIP Brady

Tue, 2017-11-07 14:24
Over seven years ago, I wrote about negotiations I have lost.  It’s a good reminder, as we head into the end of the semester, that even professors do not get it right all of the time.  As I noted: In honor of my students turning in their final Negotiation journals today and in the spirit of … Continue reading The Best Negotiation I Ever Lost–RIP Brady →

What Is the Stone Soup(s) Project Really About?

Sun, 2017-11-05 20:24
As a girl scout at heart, I like to make new friends and keep the old ones.  So I really enjoyed the AALS ADR Section Works-in-Progress Conference originated by Andrea Schneider and hosted this year at Arizona State under the able leadership of Art Hinshaw with assistance by Gabriel Velez and Roselle Wissler.  It was … Continue reading What Is the Stone Soup(s) Project Really About? →

FINRA Seeks Comment on Non-Attorney Representation in FINRA Arbitration

Fri, 2017-11-03 09:29
Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum.  Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject to a few restrictions  such … Continue reading FINRA Seeks Comment on Non-Attorney Representation in FINRA Arbitration →

Lessons From the ABA’s Excellent Report on Mediator Techniques

Wed, 2017-11-01 08:33
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.  It should be of value to anyone interested in mediation.  It also provides useful lessons about what we can learn about ADR from empirical research. Superstar ADR empirical researcher Roselle Wissler is the principal … Continue reading Lessons From the ABA’s Excellent Report on Mediator Techniques →

Big Changes at Pepperdine

Fri, 2017-10-27 17:05
From GFOI Tom Stipanowich: Dispute Resolution Friends, Our colleague and friend Prof. Peter Robinson recently stepped down as Managing Director of the Straus Institute after serving in administrative capacities here for 27 years; since 2006, he and I have functioned as co-directors of the Institute—surely one of the happiest and most fulfilling times in my … Continue reading Big Changes at Pepperdine →

CFPB Arbitration Rule Overturned

Wed, 2017-10-25 09:44
From my colleague, Amy Schmitz: This summer, I reported the news that after much study, the Consumer Financial Protection Bureau (CFPB) had issued its arbitration rule barring the use of arbitration clauses to preclude class actions with respect to financial services and contracts disputes.  The rule would have prohibited banks and other consumer financial companies … Continue reading CFPB Arbitration Rule Overturned →