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Linking Dispute Resolution Scholarship, Education, and Practice
Updated: 1 hour 32 min ago

Friends

Thu, 2018-01-18 17:29
I sometimes get inquiries about acronyms FOI (friend of Indisputably), FOB (friend of the blog), and especially the coveted designation __FOI (___ friend of Indisputably), such as AFOI, BFOI etc.  People want to know what the initial letters stand for.  The answer is whatever you want them to stand for. For example, I identified Tim … Continue reading Friends →

Tim Hedeen: Good and Easy Class Exercise

Thu, 2018-01-18 07:40
OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways.  (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David … Continue reading Tim Hedeen: Good and Easy Class Exercise →

An Example of The Power of Apology and Forgiveness

Tue, 2018-01-16 19:20
Our field aspires to promote restorative justice and healing when  one person has wronged another.  This can truly happen only when the person committing the wrong takes responsibility, typically reflected in an acknowledgment of having done the wrong and an apology.  Forgiveness can help people restore themselves as morally acceptable members of society as seen … Continue reading An Example of The Power of Apology and Forgiveness →

Women and the Law Conference Announcement

Sat, 2018-01-13 14:52
I am happy to announce that Professor Ellen Waldman and her colleague Susan Bisom-Rapp , along with a terrific organizing committee, are co-organizing a conference at Thomas Jefferson School of Law, which will be held on Friday, February 9th. The 18th Annual Women and the Law Conference is titled “Her Place at the Bargaining Table: … Continue reading Women and the Law Conference Announcement →

ABA Section of Dispute Resolution Young Scholar Program

Fri, 2018-01-12 11:22
I am passing along an announcement from the ABA Section of Dispute Resolution regarding its inaugural Young Scholar Program, which will sponsor young professionals interested in ADR who want to attend the Section’s April 2018 annual spring conference, this year in Washington DC.  According to the Section’s Director, the Section will “invite him/her to serve … Continue reading ABA Section of Dispute Resolution Young Scholar Program →

Settlement Week in the Western District of New York

Fri, 2018-01-12 10:26
The US District Court for the Western District of New York  pulled settlement week out of the dustbin to help clear some its back log in November 2017.  For those who aren’t familiar with settlement week, a court designates a week to bring civil litigants and mediators to the courthouse in an attempt to resolve … Continue reading Settlement Week in the Western District of New York →

Opioid Litigation & Judicial Role in Settlement

Wed, 2018-01-10 08:19
Great article this morning from the National Law Journal, with someone misleading title: “Judge Orders Opioid Lawyers to Come Up With a Settlement Plan.” Available here and text excerpt below. As one who grew up, clerked in northern Ohio, and still names as “hometown” one of the (many) places hard hit by this crisis, I am … Continue reading Opioid Litigation & Judicial Role in Settlement →

For Pragmatic Romanticism

Sun, 2018-01-07 18:17
I had the good fortune to be one of Marc Galanter’s students when I was in graduate school.  As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship.  I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism →

Confusing Dispute Resolution Jargon

Thu, 2018-01-04 20:43
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation. With the patient tutelage of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of … Continue reading Confusing Dispute Resolution Jargon →

Hiro N. Aragaki: Things We Know and Think We Know About BATNA and WATNA

Thu, 2018-01-04 20:42
First off, thanks to John Lande for pursuing this issue and calling attention to the real imprecision that sometimes attends our use of the term “BATNA.”  If anything, I have learned through my off-line exchange with him and Sanda Kaufman that there is more confusion out there among scholars and practitioners than I had originally … Continue reading Hiro N. Aragaki: Things We Know and Think We Know About BATNA and WATNA →

Sanda Kaufman: Of ATNAs and BATNAs—Shedding Light on Negotiation Acronyms

Thu, 2018-01-04 20:42
Here’s Sanda Kaufman’s response to my conversation with her and Hiro Aragaki.   (Click the title of this post to see her piece.)

AALS ADR Section Call for Nominations for Best ADR Article in 2017

Thu, 2018-01-04 13:49
As outgoing (or gone) Chair of the AALS Section on Alternative Dispute Resolution, I am pleased to announce on behalf of the Section’s Executive Committee the creation and launch of the Section’s annual award for best scholarly article published in print or online in 2017 in the field of ADR.  Details and a Call for … Continue reading AALS ADR Section Call for Nominations for Best ADR Article in 2017 →

Stone Soup, Reflective Practice, Action Research, and Social Justice

Wed, 2018-01-03 20:19
Some questions for law professors:  Why did you go to law school?  Why did you decide to go into academia?  What do you want to accomplish in your work?  What do you hope for your students? In this post, I give my answers to these questions, which I think will resonate for many readers of … Continue reading Stone Soup, Reflective Practice, Action Research, and Social Justice →

Passing of Roger Wolf

Wed, 2018-01-03 14:39
From TFOIs Deborah Eisenberg and Toby Guerin: Dear Colleagues: Many of you knew Roger Wolf, the visionary founder of our Center for Dispute Resolution and the Mediation Clinic at Maryland Carey Law, and a true trail-blazer in the ADR field in Maryland and nationally.  He passed away last weekend.  Below is a beautiful tribute written … Continue reading Passing of Roger Wolf →

Suggestions for Using Stone Soup this Semester

Tue, 2018-01-02 12:19
This post is for colleagues who will use a Stone Soup assignment this coming semester or are considering doing so. We now have posts with assessments of 19 course offerings, which include the Stone Soup assignments that faculty used.  Some posts include additional documents.  Note that this post collects assessments of five ADR courses and … Continue reading Suggestions for Using Stone Soup this Semester →

Stone Soup Assessment:  Gemma Smyth’s Access to Justice Course

Mon, 2018-01-01 17:47
Gemma Smyth is the Externship Program Director for the University of Windsor Faculty of Law, in Canada, which has a long tradition of focusing on access to justice.  Windsor is so committed to this mission that it requires all students to take an Access to Justice course in their first semester. Gemma is one of … Continue reading Stone Soup Assessment:  Gemma Smyth’s Access to Justice Course →

Twelve Hours of Conflict, A Christmas Song by Susan Yates

Sat, 2017-12-30 17:04
EFOI Susan M. Yates, the executive director of Resolution Systems Institute, penned a dispute-resolution themed Christmas song, which she posted on RSI’s blog.  Hopefully, this will add to your holiday cheer.  Thanks to GFOI Jim Alfini for this suggestion.   (Click the title to access the song.)

Ben Davis:  Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration

Fri, 2017-12-29 19:04
Here’s an exercise that TFOI Ben Davis uses and wants to share. I just came across a tool that might be of interest on building arbitration clauses.  The only thing that I would add would be a reminder about Frederic Eisemann’s article on Pathological Arbitration Clauses (La Clause d’arbitrage pathologique, Commercial Arbitration Essays in Memoriam … Continue reading Ben Davis:  Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration →

Stone Soup Assessment: Carrie Kaas’s Externship Course

Thu, 2017-12-28 18:50
It would be hard to be more enthusiastic about Stone Soup than Carolyn Wilkes (Carrie) Kaas, the Co-Director of Quinnipiac’s Center on Dispute Resolution, Director of Experiential Education, as well as Director of Concentration Programs in Family Law and Civil Advocacy and Dispute Resolution.  These days, she also teaches Quinnipiac’s Externship Program. Like a number … Continue reading Stone Soup Assessment: Carrie Kaas’s Externship Course →

Stone Soup Assessment: A Tale of Four Mediation Courses, by Charlie Irvine, Jim Levin, Martha Simmons, and Doug Yarn

Wed, 2017-12-27 20:52
This post describes how Stone Soup pioneers used four different approaches in their mediation courses.  Once again, it demonstrates colleagues’ creativity and the great potential for Stone Soup. Charlie Irvine had 20 LLM / MSc students and he assigned them to interview a mediator about a recent case.  Students were required to write papers of … Continue reading Stone Soup Assessment: A Tale of Four Mediation Courses, by Charlie Irvine, Jim Levin, Martha Simmons, and Doug Yarn →