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!
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
I just wrote a post describing “litigation stress” that parties experience during litigation, noting that this can be particularly painful in some cases like those involving sexual assault allegations. Allegations of sexual assault by Judge Brett Kavanaugh have been in the news a lot lately. While these allegations aren’t being litigated in court, the process … Continue reading Real-Life Account of Litigation Stress in Bill Cosby Case
Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice. It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves. Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments
Probably like many readers of this blog, I have been very uncomfortable with our highly polarized politics lately. I have written about my conflicted feelings about how to deal with these issues, including this article, How Can We Build Common Ground Between Bubbles? Clearly, it is counterproductive to try to build common ground with people … Continue reading Building Political Common Ground
GFOI Donna Shestowsky (California-Davis) recently wrote the latest in a series of her studies asking actual litigants about their procedural preferences. The article is Inside the Mind of the Client: An Analysis of Litigants’ Decision Criteria for Choosing Procedures, 36 Conflict Resolution Quarterly 69 (2018). Here’s the abstract: This article presents findings from … Continue reading What Do Litigants Really Want?
I have been getting in touch with lots of friends and colleagues encouraging them to consider using a Stone Soup assignment in one or more of their courses next year. Charity Scott, Georgia State, who used Stone Soup last year once in Negotiation and twice in Mediation, responded with this lovely email. “Nice to hear … Continue reading Charity Scott’s Reflections on Stone Soup
One of the reasons I feel so strongly about the value of the Stone Soup Project is that it inspires us to develop deeper understandings about how conflicts unfold. I have encouraged colleagues to assign students to get detailed accounts of cases from the outset – not focus only on the tail end – because … Continue reading Conflict in Context
Faculty using Stone Soup assignments have required students to write papers summarizing interviews or observations of actual cases. Like the assignments themselves, these papers vary quite a bit, as illustrated below. This post provides sample papers to give faculty ideas about what you might assign your classes in the future and provide papers you might … Continue reading Stone Soup: Student Papers From Gely’s Negotiation, Simcox’s Trust & Estates, and Dauber’s Evidence Courses
Virtually everyone in our field knows about the wonderful book, Difficult Conversations: How to Discuss What Matters Most, by Douglas Stone, Bruce Patton, and Sheila Heen. It focuses on everyday conversations and not just crystalized disputes. It describes how people can better understand what is (and is not) happening in their interactions, identify erroneous assumptions, … Continue reading Difficult Conversations in the Modern Era of (Anti-)Social Media
On the Kluwer Mediation Blog, Greg Bond wrote a nice post, TED Talks I Have Enjoyed – And that Resonate with the Mediator in Me. He provides brief descriptions of ten talks that he has “found inspiring and that relate to mediation, in the broadest sense of the word.” One of them is Andrea’s talk, Why Women Don’t … Continue reading Ten TED Talks You Might Enjoy