Tag Archives: empirical research

Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding

Earlier, I posted drafts of the articles from the Missouri’s Tower of Babel symposium last fall.  My introductory essay synthesizes insights from the symposium. The following is the conclusion from that essay, without footnotes. Our current negotiation theory needs improvement.  As we develop better negotiation theory, we should start by appreciating the valuable work that … Continue reading Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding

A Cool Course Assignment for Next Semester — and A Scholarship Opportunity

Tis one of the least fun seasons of the year for faculty:  Time to grade stacks of exams and papers.  While it is exciting to see signs that some of our wards have learned a lot from our instructional efforts, it is depressing to see evidence raising doubts that we inhabit the same galaxy as … Continue reading A Cool Course Assignment for Next Semester — and A Scholarship Opportunity

St. John’s Mangano Award Competition

From FFOI Elayne Greenberg: Dear Friends and Colleagues, About the Mangano Award Given annually through the generosity of esteemed dispute resolution champion Hon. Guy J. Mangano, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are … Continue reading St. John’s Mangano Award Competition

Case Study on International Dispute Resolution Intervention

About ten years ago, Jayanth (Jay) Krishnan (Indiana-Bloomington) invited me to participate in a symposium of former students of Prof. Marc Galanter honoring his great scholarship.  I was delighted to accept the invitation because I don’t think that many of our DR colleagues know much about his work and I wanted to introduce it to … Continue reading Case Study on International Dispute Resolution Intervention

Why Don’t People Complain? Implications for Defense Counsel. And Some Practical Ethics Hypos for Students.

The presidential election campaign this year has provided several teachable moments for law students and lawyers and this post focuses on one of them. Unless you have been hibernating for the past few weeks, you know that a number of women have accused Republican candidate Donald J. Trump of sexual misconduct.  Mr. Trump and his … Continue reading Why Don’t People Complain? Implications for Defense Counsel. And Some Practical Ethics Hypos for Students.

Schedule for the Tower of Babel Symposium

The University of Missouri’s symposium, Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding, will take place on Friday, October 7, from 9 am to noon Central Time. We recently set the schedule for the symposium, as follows. 9 am – Definition and Scope of Negotiation – and Why Theory … Continue reading Schedule for the Tower of Babel Symposium

Bad Decisions to Go to Trial

You may be familiar with the Randall Kiser et al. study, Let’s Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations, 5 Journal of Empirical Legal Studies 551 (2008), which replicated amazing findings in prior studies by Samuel Gross and Kent Syverud, and Jeffrey Rachlinski. The top line finding in … Continue reading Bad Decisions to Go to Trial

Compared to What?

My colleague, S.I. Strong, recently circulated on the DRLE listserv a link to a survey conducted in 2015 for the National Center for State Courts.  The survey involved a nationwide random sample of 1000 members of the public (actually registered voters). This is a very respectable sample, especially considering that the reported findings are very … Continue reading Compared to What?