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
Gregory Parks (Wake Forest) has published “Race, Cognitive Bias, and the Power of Law Student Teaching Evaluations,” available here. It is a fascinating article, and it made me wonder whether there has ever been an article on student evaluations of ADR professors/courses. I am under the impression that ADR professors/courses receive higher-than-average evaluations; is that … Continue reading Parks on Race, Bias, and Student Evaluations
Peter Joy (Washington University School of Law) has published “The Uneasy History of Experiential Education in U.S. Law Schools,” forthcoming in the Dickinson Law Review and available here. The abstract: This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in … Continue reading Joy on the History of Experiential Education
Interesting op-ed from the New York Times on the recent student protest during a talk by Christina Hoff Sommers at Lewis & Clark Law School. As the author points out, the current political moment is fraught and toxic, which can make people “jumpy” when it comes to certain topics. Extreme rhetoric begets more extreme rhetoric, … Continue reading Do We Intervene? How?
David Brooks has an interesting op-ed in today’s NYT about Better Angels, a 2016 “bipartisan citizen’s movement” seeking to bridge Red-Blue divides through more skillful, thoughtful dialogue. He argues that we will not make progress on the debate over gun violence without more respectful discourse and an honest desire to understand the competing views and … Continue reading Better Angels and Guns