Tag Archives: negotiation

A Case Study of Murphy’s Law in Missouri

Ben Trachtenberg, one of the sharpest faculty at my school, wrote this outstanding article analyzing what went wrong during the highly-publicized controversies at the University of Missouri in 2015.  Having lived through this painful conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things … Continue reading A Case Study of Murphy’s Law in Missouri

How Should ADR Folks Participate in a Grand Real-Time Negotiation?

President Trump is scheduled to have a summit meeting with Russian President Putin on Monday.  The timing of this meeting right after the indictment of 12 Russian intelligence officials demonstrates the bizarre political situation we are in. Mr. Trump seeks a close relationship with a foreign leader whose top spies systematically interfered in our elections … Continue reading How Should ADR Folks Participate in a Grand Real-Time Negotiation?

Stone Soup Assessments: Farkas Arbitration, Tetunic Clinic, and Fowler, Keet & Baerg, and Newman & Roger Negotiation Courses

Here is a collection of more assessments of Stone Soup course assignments.  This again demonstrates how faculty have been creative in crafting a wide variety of learning experiences that fit their instructional goals and situations. Many colleagues wish they had students do these assignments earlier in the semester and discuss them in class.  Brian Farkas … Continue reading Stone Soup Assessments: Farkas Arbitration, Tetunic Clinic, and Fowler, Keet & Baerg, and Newman & Roger Negotiation Courses

30% Discount on ABA Books — Thru End of February

The ABA is offering a 30% discount on its 2017 books.  The discount is available only through the end of the month, so you need to act soon to take advantage of this offer. The Section of Dispute Resolution published the following books that qualify for this discount: ● Beyond Smart:  Lawyering with Emotional Intelligence … Continue reading 30% Discount on ABA Books — Thru End of February

Three Easy Pieces

This post channels 60% of Jack Nicholson but without the chicken salad sandwich. It describes three short pieces that you might want to use in courses or continuing education programs. Overcoming Roadblocks to Settlement The first is an article entitled Overcoming Roadblocks to Reaching Settlement in Family Law Cases published in Family Advocate, the magazine … Continue reading Three Easy Pieces

George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?

From George J. Seidel, Williamson Family Professor of Business Administration and Thurnau Professor of Business Law at the University of Michigan’s Ross School of Business: Many thanks to John Lande, Hiro Aragaki, and Sanda Kaufman for their recent posts that have clarified the meaning of “BATNA.”  BATNA is an important concept because it is often a … Continue reading George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?

Tim Hedeen: Good and Easy Class Exercise

OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways.  (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David … Continue reading Tim Hedeen: Good and Easy Class Exercise

Stone Soup Assessment:  Rafael Gely’s Negotiation Course

I am extremely fortunate that Rafael Gely, the director of Missouri’s Center for the Study of Dispute Resolution, has been my partner in developing the Stone Soup Project. A year ago, when I first emailed him about it, the subject line was “a crazy idea?”  Rafael’s immediate response was, “I love this idea!  (Of course … Continue reading Stone Soup Assessment:  Rafael Gely’s Negotiation Course

Stone Soup:  Learning How People Actually Prepare for Negotiation and Mediation

We all say that preparation is important – it’s more popular than mom and apple pie – but we have only vague ideas about how people actually consider possible alternatives.  This includes the negotiators themselves.  We sometimes list general factors or approaches, but usually that’s as far as we get. I will go out on … Continue reading Stone Soup:  Learning How People Actually Prepare for Negotiation and Mediation

Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers

In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct.  Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so.  In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers