Last week, House Democratic Leader Nancy Pelosi completed an impressive campaign of negotiations to be elected speaker of the House of Representatives. This post provides an account of this campaign, synthesized from news accounts listed at the end. One of the articles described Ms. Pelosi’s approach as being like honey, compared with President Trump’s vinegar strategy. … Continue reading Case Study of Negotiations with Honey and Vinegar, Carrots and Sticks
Universities generally ignored serious allegations of sexual assault until very recently. Did the Obama Administration policy go too far to correct this problem? That’s the view of Prof. Lara Bazelon, director of the criminal juvenile justice and the racial justice clinics at the University of San Francisco School of Law, who wrote a NYT op-ed, … Continue reading Designing a Fair Dispute System for Title IX Cases
From Susan Raines, editor-in-chief of the Conflict Resolution Quarterly: Conflict Resolution Quarterly (CRQ) is an interdisciplinary, peer-reviewed journal indexed with EBSCOhost that has been in publication since the early 1980’s. CRQ publishes scholarship on relationships between theory, research, and practice in the conflict management and dispute resolution field to promote more effective professional applications. Conflict … Continue reading CRQ Call for Submissions: Peacebuilding in Divided Societies at Home and Abroad
In a recent post, I described the intense stress that individual and organizational litigants often undergo as a result of litigation. The legal system attracts and magnifies stressful conflicts, which affects everyone in its ambit. In addition to litigants, this includes law students, lawyers, and legal academics. This post provides excerpts from my research summarizing … Continue reading Legal Stress
“About half the practice of a decent lawyer consists in telling would-be clients that they are damned fools and should stop.” That’s what lawyer Elihu Root supposedly said a century ago. Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do. There … Continue reading Stop Being a Damned Fool
The New York Times published an interesting article worth reading, which riffs on Mark Zuckerberg’s statement that Facebook would develop an independent body to make decisions about acceptability of posts on its platform. He mused that the body might be like a supreme court to make final decisions reflecting global social norms. The article was … Continue reading Dispute System Design for Facebook
The Harvard Negotiation & Mediation Clinical Program launched its new podcast Thanks for Listening! Here’s their description: This podcast will spotlight efforts to bridge the political divide in the U.S. through dialogue and collaborative processes, profiling the important and often courageous work of individuals and organizations who are helping citizens engage with one another on … Continue reading New Podcast: Thanks for Listening!
I recently visited our DR friends and colleagues at Quinnipiac, courtesy of an invitation from Charlie Pillsbury, the co-director of their Center on Dispute Resolution. He invited me to give a talk as part of the Quinnipiac-Yale Dispute Resolution Workshop. Using the patented Stone Soup process of systematically eliciting input from audiences, I tested some … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?
It’s that time of year when schools report all the cool things they have done in the preceding year. I’m proud to share two issues of the newsletter from Missouri. One issue of the newsletter lists the scholarly work of the senior fellows at our Center for the Study of Dispute Resolution. Stacie Strong and … Continue reading Missouri News
Over the past year, we have witnessed growing evidence of the massive failures of our legal system to deal properly with a rampant system in which powerful men sexually dominate others, especially women. This post describes the nature, magnitude, and consequences of a long-term history of criminal and civil sexual offenses in the US and … Continue reading How Can We Fix Legal System Failures to Properly Handle Sexual Offenses?
Yesterday, Jen wrote an insightful post analyzing Judge Kavanaugh’s problematic apology to Senator Klobuchar. Interestingly, he committed the same offense with Senator Whitehouse – arrogantly responding to a question about his drinking by asking the senator about his drinking – but didn’t apologize to him. This post provides a few more observations about this remarkable … Continue reading More Observations about the Kavanaugh Hearing
The first episode of the Serial podcast’s new season is a dramatic illustration of how much you can learn from a single case. The case involves a young white woman who was prosecuted for her participation in a bar fight. The Serial team are incredible storytellers, so this podcast is not “just” educational, but it … Continue reading Serial Podcast Shows How Much You Can Learn From a Single Case