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Updated: 4 hours 37 min ago

OSU’s DCP Releases Second Guide to Advance Race Equity Initiatives

Fri, 2022-08-12 14:43
The Ohio State University Moritz College of Law’s Divided Community Project (DCP) in collaboration with OSU’s Mershon Center for International Security Studies released the second edition of a dispute systems design-centered guide for communities advancing racial equity initiatives. Titled A Practical Guide to Planning Collaborative Initiatives to Advance Racial Equity (2nd ed. 2022) (available at … Continue reading OSU’s DCP Releases Second Guide to Advance Race Equity Initiatives →

The New Nigerian Bill on Arbitration & Mediation: Lessons for the Singapore Convention?

Mon, 2022-08-08 16:57
After several attempts over many years, on 10 May 2022 the Nigerian Parliament passed a new Commercial Arbitration and Mediation Bill (H.B. 91).  The Bill is currently awaiting signature of the President, at which time it will become law.  If enacted, it is set to replace Nigeria’s Arbitration and Conciliation Act, originally enacted in 1988. … Continue reading The New Nigerian Bill on Arbitration & Mediation: Lessons for the Singapore Convention? →

Early Integrative Bargaining in Croatia circa 1612

Fri, 2022-08-05 14:09
When I was in Croatia earlier this summer, I took a tour of the beautiful small island of Hvar off the coast of Split. Part of the tour included a stop at the Hvar Public Theater right at the port. When we walked by, I noticed a Latin inscription at the entrance, ANNO SECVNDO PACIS … Continue reading Early Integrative Bargaining in Croatia circa 1612 →

Real Mediators’ Real Mediation Models

Sun, 2022-07-31 20:27
Mediation theory generally focuses on models of mediation procedures.  While prescribed procedures obviously can be important factors affecting mediators’ behavior, traditional mediation theories are major oversimplifications that often don’t reflect the reality of how mediators actually think and act.  Many mediators agree with this critique, but these theoretical concepts still are widely used without much … Continue reading Real Mediators’ Real Mediation Models →

What Does Rowing Across the Pacific Have To Do With Dispute Resolution?

Thu, 2022-07-28 20:10
In case you haven’t been keeping up with the news, on Monday, July 25, a four-woman rowing team arrived in Hawaii, 34 days after leaving San Francisco, setting a new record.  As someone who gets motion sick looking at boats, it is hard to imagine spending over a month rowing across the Pacific Ocean in … Continue reading What Does Rowing Across the Pacific Have To Do With Dispute Resolution? →

Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options

Thu, 2022-07-28 19:07
For a long time, Donna Shestowsky has conducted empirical studies of litigants’ perceptions about dispute resolution processes.  CPR’s Alternatives to the High Cost of Litigation magazine just published an article summarizing her study about parties’ expectations about the process used to resolve their cases.  The article is Why Client Expectations of Legal Procedures Must Be … Continue reading Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options →

Latest Resource Share Materials

Wed, 2022-07-27 11:03
From Sharon Press and Noam Ebner: The wait it over… the 2022 Legal Educators’ Resource Share is now out and is linked below, including the 2022 appendices! Noam and I are working on a version which will be indexed (and therefore easier to search) but we wanted you all to have this now as you … Continue reading Latest Resource Share Materials →

How Many Friends Do You Want?

Mon, 2022-07-25 19:45
Your answer to this question probably is a good indicator of your degree of introversion or extroversion. In an article, How Many Friends Do You Really Need?, confessed introvert and New York Times writer Catherine Pearson describes an argument she has with her husband about how many friends they should have. We both have one … Continue reading How Many Friends Do You Want? →

Humor Theory for When Everything Seems Like it is Going to Hell

Wed, 2022-07-20 20:31
Mediators have long recognized that they can use humor to help disputants deal with conflict (though it can really backfire). What about using humor when it seems like the world is going to hell? In her essay, Please Laugh About My Abortion With Me, comedian Alison Leiby describes experiences with her comedy show “Oh God, … Continue reading Humor Theory for When Everything Seems Like it is Going to Hell →

Is the World Really Falling Apart, or Does It Just Feel That Way?

Tue, 2022-07-19 20:30
That’s the title of an article by New York Times reporter Max Fisher.  He summarizes, “By most measures – with one glaring exception – people around the world are better off than ever.  So why doesn’t it feel that way, especially to Americans?” Scanning the headlines, it’s easy to conclude that something has broken.  The … Continue reading Is the World Really Falling Apart, or Does It Just Feel That Way? →

Readings and Resources for Teaching

Mon, 2022-07-18 18:45
As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you plan for next academic year. Here’s a post suggesting how you can teach students to use more realistic, thorough, and practical models of negotiation and mediation than we traditionally teach. Here’s a message … Continue reading Readings and Resources for Teaching →

Retrofuturism on the Supreme Court

Tue, 2022-07-12 19:00
Princeton sociology professor Paul Starr wrote an essay in the Washington Post, Conservatives Hope to Turn Back the Cultural Clock. Can They Succeed? He writes that “[r]etrofuturism is a term for imaginative works that envision a future out of the past,” and he compares the Supreme Court’s abortion and other recent decisions to “prohibition and … Continue reading Retrofuturism on the Supreme Court →

What Jamelle Bouie is Reading

Sun, 2022-07-10 21:08
New York Times columnist Jamelle Bouie is an avid reader with a particular interest in American history.  In today’s column, he describes various books he has been reading lately.  Two of the books are relevant to the recent audacious decisions by the Supreme Court majority to radically redirect legal doctrine by using dubious jurisprudential methods.  … Continue reading What Jamelle Bouie is Reading →

Study of ODR in Family Cases with Positive Results

Mon, 2022-07-04 11:31
From Donna Shestowsky: Parties who used online dispute resolution (ODR) for child custody, parenting time or child support matters in Ottawa County, Michigan, were more likely to reach agreement and to rate their experience highly as those who were offered ODR but didn’t use it, a new study by UC Davis Professor of Law Donna Shestowsky … Continue reading Study of ODR in Family Cases with Positive Results →

A Heartwarming TV Series

Wed, 2022-06-22 20:42
I just watched the incredibly heartwarming Netflix TV series, Heartstopper.  It focuses on the relationship between two teenaged high school students in England who are grappling with their sexuality.  Charlie is a nerdy guy who had come out as gay and Nick is the star of the rugby team who comes to realize that he … Continue reading A Heartwarming TV Series →

Gay Couples Can Teach Straight People a Thing or Two About Arguing

Tue, 2022-06-14 08:19
That’s the title of an article in the New York Times. It reports that “[s]ame-sex couples, on average, resolve conflict more constructively than different-sex couples, and with less animosity, studies have shown.” It cites researchers suggesting ideas that our field generally recommends including: Using humor to defuse anger Staying calm Being mindful of the other’s … Continue reading Gay Couples Can Teach Straight People a Thing or Two About Arguing →

Coming Out as Introverted

Sun, 2022-06-12 19:39
My recent piece about introversion seems to have struck a nerve.  It stimulated the most – and most intense – reactions to any of my posts.  Several people emphatically identified with it, saying that they felt that it was about them. I’m sure a lot of other readers felt that way too. Introversion is a … Continue reading Coming Out as Introverted →

Negotiating Prison

Tue, 2022-06-07 16:44
From the New York Times, a fascinating article about “prison consultants” and how they can help people heading to prison with sentencing for white collar convictions. You’d think that the lawyer would be helping the client with sentencing. But that’s not always how things work, according to author Jack Hitt. “A lawyer is your legal … Continue reading Negotiating Prison →

Introversion, the Legal Profession, and Dispute Resolution

Sun, 2022-06-05 20:21
Do you often feel introverted, generally preferring to be in a small group of trusted friends than in a large gathering, for example? It turns out that there are a lot of people who feel that way. Susan Cain, author of Quiet: The Power of Introverts in a World That Can’t Stop Talking, cites studies … Continue reading Introversion, the Legal Profession, and Dispute Resolution →

Heidi Brown’s Books Promoting Flourishing and Effective Practitioners

Mon, 2022-05-30 17:41
The ABA has published three books by Brooklyn Law Professor and Director of Legal Writing Heidi K. Brown to help law students and lawyers improve their well-being and function optimally. It just released The Flourishing Lawyer: A Multi-Dimensional Approach to Performance and Well-Being (2022).  She previously published The Introverted Lawyer: A Seven-Step Journey Toward Authentically … Continue reading Heidi Brown’s Books Promoting Flourishing and Effective Practitioners →