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Upcoming ABA DR Section Programs

Fri, 2018-04-20 17:06
From Ben Davis, Chair of the ABA Section of Dispute Resolution Dear Colleagues, Here are the upcoming programs through the end of June for the ABA Section of Dispute Resolution. Advanced Arbitration Series Webinar #6: Ethical Aspects to Consider While Building an Arbitration Practice Apr. 25, 2018, Web Mid-Atlantic Chapter May Brownbag: Restorative Justice: Mediation … Continue reading Upcoming ABA DR Section Programs →

She’s Not Bossy, She’s the Boss

Thu, 2018-04-19 09:49
From my fabulous assistant Carrie, here is a lovely video from Disney Junior that I’ll be including when teaching about gender and what changes in society need to be made! For more on this, see Negotiating While Female…

Backhanded Compliments

Thu, 2018-04-19 07:58
Those of us who teach negotiation often focus on building rapport and being attentive to relational dynamics. Expressing appreciation is part of the negotiator’s skillset, and giving compliments falls somewhere in this area. But how do we do this effectively? A new study explores the effectiveness of the “backhanded compliment” in interpersonal dynamics. As it … Continue reading Backhanded Compliments →

Frisbie on the World Mediation Congress at Loyola Chicago

Mon, 2018-04-16 11:52
And you thought basketball is what put Loyola-Chicago on the map.  TFOI Teresa Frisbie provides this first-hand report about the World Mediation Congress, which Loyola recently hosted. The 300+ mediators, judges, attorneys and students at the International Academy of Dispute Resolution World Mediation Congress and 17th annual international mediation tournament held in March at Loyola … Continue reading Frisbie on the World Mediation Congress at Loyola Chicago →

Winner of AALS ADR Section Best Article of 2017 Award

Thu, 2018-04-12 13:31
The AALS Section on Alternative Dispute Resolution is delighted to announce the winner of this year’s (inaugural) award for best scholarly article published in print or online in the previous year in the field of ADR. The Committee received a tremendous number of nominations of extremely high-quality articles, making the decision very difficult.  The Section’s 2018 … Continue reading Winner of AALS ADR Section Best Article of 2017 Award →

The Lost Art of Listening, with a nod to Senator Kaine

Fri, 2018-04-06 10:43
I am in Washington, DC at the annual ABA Section of Dispute Resolution Spring Conference enjoying the cherry blossoms and the fabulous line-up of speakers and presentations. In particular, the plenary sessions yesterday and today were extraordinary, both in their timeliness of topic and thought-provoking quality. Yesterday, the NY Times’ columnist Thomas Friedman received the … Continue reading The Lost Art of Listening, with a nod to Senator Kaine →

Joint Fact Finding

Thu, 2018-04-05 06:40
An interesting blog post from CBI (Consensus Building Institute) about joint fact finding processes in science-heavy public policy contexts. Per Pat Field: The traditional ways of generating information in stovepipes – via the academy, industry, government, or NGOs – are not meeting the three-pronged test of useable science and technical studies:  credible, legitimate, and salient. … Continue reading Joint Fact Finding →

Comes Now NDR v.2

Wed, 2018-04-04 10:29
I am thrilled to be part of the highly anticipated second edition of The Negotiator’s Desk Reference, recently published by Mitchell Hamline’s DRI Press. The NDR comprises two volumes and brings together articles from numerous scholars (including our bloggers!) across a wide variety of disciplines. Five years ago, I attended a conference at Marquette to … Continue reading Comes Now NDR v.2 →

Natural Disasters, Stakeholder Engagement and Dispute Resolution

Mon, 2018-04-02 22:06
The following notice about our upcoming conference at Texas A&M is from  my wonderful colleague, and FOI, Nancy Welsh: Dear Colleagues, On Friday, April 13, 2018, Texas A&M University School of Law will hold a conference entitled Natural Disasters, Stakeholder Engagement and Dispute Resolution. The conference will address how dispute resolution and collaborative processes can … Continue reading Natural Disasters, Stakeholder Engagement and Dispute Resolution →

A Good Bad-Faith Policy?

Sun, 2018-04-01 21:37
“[I]f . . . I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made.  I can waste more time, I can string it along, I can make sure … Continue reading A Good Bad-Faith Policy? →

Changes at PON

Fri, 2018-03-30 05:36
Earlier this month, it was announced that Guhan Subramanian will succeed Bob Mnookin as chair of the Program on Negotiation at Harvard Law School. This is excellent news. More here, including these words from HLS Dean Manning: “Harvard Law School and the entire negotiation community are fortunate indeed to see this torch passed from one … Continue reading Changes at PON →

Stone Soup:  It’s a Great Idea But . . .

Wed, 2018-03-28 20:47
We all know about situations when people say that they really like the idea of ADR, but it’s not appropriate in their particular case.  Sometimes there are very good reasons not to use an ADR process.  Other times, not so much. There may be similarities in some people’s reaction to the idea of using a … Continue reading Stone Soup:  It’s a Great Idea But . . . →

New York State Proposes Amending its Arbitration Law

Tue, 2018-03-27 10:40
I recently became aware that, through its budget process, New York State legislators are seeking to amend New York’s arbitration law (contained in its Civil Practice Law and Rules) to, among other things, require that all arbitrators be neutral (i.e. no party arbitrators); require certain disclosures by arbitrators relevant to possible bias; permit vacatur based … Continue reading New York State Proposes Amending its Arbitration Law →

Arbitration Clauses in Summer Associate Contracts for Employment

Mon, 2018-03-26 12:30
For those of you who don’t follow the lawprof listserv, Ben Davis (Toledo) had an interesting link to an article describing the use of arbitration clauses in summer associate employment contracts.  In response to that message, Brian Farkas, one of Cardozo’s super adjuncts, had this response that I thought would be enlightening for our broader … Continue reading Arbitration Clauses in Summer Associate Contracts for Employment →

ABA DR Section – Chair’s Awards

Wed, 2018-03-21 10:47
Every year at the ABA DR Section Spring Conference there are several awards that get a lot of attention – for example, this blog announced that Charlie Craver will deservedly receive the Outstanding Scholarly Work Award and the Divided Community Project at (the) Ohio State University, Moritz College of Law also will deservedly receive the … Continue reading ABA DR Section – Chair’s Awards →

2018 US News Rankings

Tue, 2018-03-20 00:08
Here they are, this year’s US News Rankings for dispute resolution programs.  Unlike the rankings for law schools, these are voted on by law school faculty – consider them reputational rankings.  Congratulations to all ! Rank School Name 1 Pepperdine University 2 Ohio State University (Moritz) 3 Harvard University 4 Mitchell Hamline School of Law 5 … Continue reading 2018 US News Rankings →

The Stone Soup Project Needs YOU!

Mon, 2018-03-19 20:44
      This post summarizes a status report on the Stone Soup Dispute Resolution Knowledge Project, describes possible next steps, and invites your input and participation.  I encourage you to consider how you might incorporate Stone Soup in your plans for next year.  In particular, this post describes choices you might make in using … Continue reading The Stone Soup Project Needs YOU! →

Farkas on Legal Education

Mon, 2018-03-19 10:56
Check out the contribution of Brian Farkas (Cardozo) over at Prawfsblawg, as part of their online symposium on the future of legal education. Brian calls for greater adoption of mediation and arbitration in doctrinal courses, to better prepare students for the realities of legal practice. It’s a terrific post.

ABA Conference Sessions You Might Enjoy

Sun, 2018-03-18 20:39
I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me.  This reflects my idiosyncratic tastes and it would be a … Continue reading ABA Conference Sessions You Might Enjoy →

Tales from the City

Fri, 2018-03-16 14:06
From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH). According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals. Over the years, OATH has slowly gained jurisdiction over a wide variety of cases, many of which are community/neighborhood-level … Continue reading Tales from the City →