November 7, 2014

Our newest ADR Dean: Paul Kirgis

By Jen Reynolds

I write from the WIP Conference at beautiful Southwestern Law School in LA with the following news: Paul Kirgis has been named Dean of Montana Law School. He will be starting on July 1, 2015. Congratulations Paul!

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November 7, 2014 | Permalink | 5 Comments

November 4, 2014

Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule

By John Lande

“Oh Boy! A fight.” That’s often what I say in class when students vigorously disagree. I like these “fights” because they usually lead to helpful discussions that clarify differing views.   So when Andrea wrote her post, Puffing Sucks, I … Continue reading

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November 4, 2014 | Permalink | 3 Comments

November 2, 2014

Testing Assumptions about Consumer Understanding of Arbitration

By Paul Kirgis

Arbitration critics often make assertions about the impact of arbitration clauses hidden in the fine print of employment and consumer contracts. In the short film Lost in the Fine Print, for example, Robert Reich bases much of his critique of … Continue reading

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November 2, 2014 | Permalink | 6 Comments

November 1, 2014

Resources about the FRCP and Legal Education

By John Lande

I am one of several people on the LEAPS committee who scans certain blogs to identify people who may not be familiar with LEAPS and let them know about it. So I subscribe to the Best Practices for Legal Education … Continue reading

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November 1, 2014 | Permalink | No Comments

October 31, 2014

Navot on Tools for the Clinical Professor

By Art Hinshaw

Donna Erez Navot (Wisconsin) recently published an article entitled Tools for the Clinical Professor: Applying Group Development Theory to Collaborative Learning in Law School Mediation Clinics. An abstract is below and the article can be downloaded here.   This article … Continue reading

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October 31, 2014 | Permalink | No Comments

October 29, 2014

What is Negotiation?, Part 2

By John Lande

We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if … Continue reading

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October 29, 2014 | Permalink | 1 Comment

October 27, 2014

Professor Jill Gross to give Hopkins Lecture on Arbitration on November 12th

By Sarah Cole

Our wonderful colleague and fellow blogger, Jill Gross, has been named the James D. Hopkins Professor of Law at Pace Law School. She will be giving a lecture on November 12, 2014 at noon at Pace, entitled, “Setting the Record … Continue reading

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October 27, 2014 | Permalink | 2 Comments

Puffing Sucks

By Andrea Schneider

With no one to edit my language here :-), let’s call a spade a spade.  My thanks to John and Art for starting a really interesting conversation about puffery.  Teaching both ethics and negotiation, the crossroads of “puffing” in negotiation … Continue reading

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October 27, 2014 | Permalink | 11 Comments

October 22, 2014

“Labels Suck”

By John Lande

So said the illustrious founder of our blog – at least until good taste or something else induced her to change the title of an article to the more borrrrrring, “Teaching a New Negotiation Skills Paradigm.” (On the other hand, … Continue reading

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October 22, 2014 | Permalink | 1 Comment

October 21, 2014

What is puffing?

By Art Hinshaw

John’s interesting post below leads me to ask a definitional question, what is puffing?  Some people believe it to be a broad term describing all dissembling in negotiation and other see it more narrowly, simply as exaggerating the positive qualities … Continue reading

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October 21, 2014 | Permalink | No Comments

To Puff or Not to Puff . . . (or When and How to Puff)

By John Lande

I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.”   Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms … Continue reading

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October 21, 2014 | Permalink | 2 Comments

October 20, 2014

Conflict Resolution Flash Mob

By Art Hinshaw

What a fun way to celebrate Conflict Resolution Day.  Thanks to both Sharon Press (Hamline) and Bobbi McAdoo (Hamline) for sending it along.  And did I get a glimpse of Sharon in that video?  

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October 20, 2014 | Permalink | No Comments

October 16, 2014

Newell on Redefining Attention

By Jen Reynolds

Lauren Newell (Ohio Northern) has published “Redefining Attention (and Revamping the Legal Profession?) for the Digital Generation” on SSRN. The abstract: With computers, text messages, Facebook, cell phones, smartphones, tablets, iPods, and other information and communication technologies (“ICTs”) constantly competing … Continue reading

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October 16, 2014 | Permalink | 1 Comment

October 15, 2014

Symposium at Cardozo Asking (and perhaps Answering) “Is Mediation a Sleeping Beauty?

By Jill Gross

Cardozo Law School and its Journal of Conflict Resolution are sponsoring the Jed D. Melnick Annual Symposium, “Is Mediation a Sleeping Beauty?”, on Monday, November 3, 2014 starting at 8:30 a.m.  The impressive line-up of speakers includes many friends of … Continue reading

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October 15, 2014 | Permalink | No Comments

What is Negotiation?

By John Lande

I know that this sounds like another one of my dumb questions.   But the meaning of negotiation is surprisingly opaque. People have very different ideas about this. And the definition you choose has important practical implications.   I stumbled … Continue reading

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October 15, 2014 | Permalink | 14 Comments

October 14, 2014

Strong on Arbitration and Other Topics

By Jen Reynolds

Over the past year Stacie Strong (Missouri) has been publishing a tremendous number of pieces in the area of arbitration, among other things. See here for some of these pieces. Now that I’m teaching Conflicts of Law, I found “Recognition … Continue reading

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October 14, 2014 | Permalink | No Comments

October 13, 2014

University of Missouri Symposium on Judges and Judicial Education Contains Insights for Dispute Resolution Scholars

By John Lande

My indefatigable colleague, S. I. Strong, organized an impressive symposium on judicial education and describes the relevance to DR as follows:   On October 9-10, the University of Missouri’s Center for the Study of Dispute Resolution (CSDR) convened its annual … Continue reading

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October 13, 2014 | Permalink | No Comments

October 12, 2014

Just don’t ask and get good karma??!!

By Cynthia Alkon

As many are probably aware, Microsoft’s CEO recently said that women who don’t ask for raises will enjoy “good karma.”  So, his negotiation advice seems to boil down to just don’t ask and you count on the universe rewarding you … Continue reading

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October 12, 2014 | Permalink | 2 Comments

October 11, 2014

ADR + LRW

By Jen Reynolds

I’m in sunny Las Vegas with our friends from the Saltman Center (ten years old!) attending the SALT Teaching Conference. For the conference, I co-submitted a proposal with Suzanne Rowe, the director of Oregon’s Legal Research and Writing (LRW) Center, … Continue reading

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October 11, 2014 | Permalink | 2 Comments

October 9, 2014

Invitation to a MOOC

By Jen Reynolds

From FOI Noam Ebner: Hi everyone, In a couple of weeks, I will be kicking off an educational adventure down a very unclear path, and I’d like to extend an invitation to all of you to join me. Between Oct. … Continue reading

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October 9, 2014 | Permalink | No Comments

October 8, 2014

Negotiation Ethics and Improvisation

By Art Hinshaw

On Friday Michael Wheeler (Harvard Business School) and I will headlining a program at Northwestern University School of Law entitled Negotiation Ethics and Improvisation (program and registration info here).  For those who don’t already know, Michael’s book The Art of … Continue reading

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October 8, 2014 | Permalink | No Comments

Fox on Reimagining Reflexive Dispute Resolution Practice

By Jen Reynolds

Ken Fox (Hamline) has published “Mirror as Prism: Reimagining Reflexive Dispute Resolution Practice in a Globalized World” in Washington University Journal of Law and Policy, available here. The abstract: Private dispute resolution processes are an increasingly established global phenomenon. Some … Continue reading

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October 8, 2014 | Permalink | No Comments

Interested in International Commercial Mediation and Conciliation?

By John Lande

My colleague, S. I. Strong, is conducting a survey and invites you to participate:   I am writing to invite you to complete an anonymous electronic survey that will form part of a research project entitled “Perceptions and Use of … Continue reading

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October 8, 2014 | Permalink | No Comments

October 7, 2014

PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool

By Jill Gross

At a press conference today and accompanying this press release, the Public Investors Arbitration Bar Association announced it had conducted a study of FINRA’s arbitrator roster.  It concluded that the roster lacks diversity (in particular, it is 80% male), and … Continue reading

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October 7, 2014 | Permalink | No Comments

Linda Fienberg To Retire from FINRA Dispute Resolution

By Jill Gross

Linda Fienberg, the long-time President of FINRA Dispute Resolution and FINRA’s Chief Hearing Officer, announced her retirement last month.  (This post is long overdue, I know.)  She joined FINRA in 1996 and, since then, has worked hard to reform the … Continue reading

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October 7, 2014 | Permalink | No Comments