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?
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?
A simulation co-authored by Noam Ebner (Creighton) has been named a first-prize co-winner of Syracuse University’s Maxwell School of Citizenship and Public Affairs annual E-PARCC teaching case and simulation competition. Congratulations, Noam! The simulation places participants in the role of EU leaders tasked with forming EU policy in face of the waves of migration entering … Continue reading Ebner Wins Award
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
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
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
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.
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