ADR

What’s sex education got to do with dispute resolution? If you have to ask, maybe you should go back to high school. Wait, that’s a terrible idea. Instead, you might watch the Sex Education series on Netflix, which just dropped its third season. The premise is that an unlikely duo of high school students set up a business to give students sex advice.  Ok, it’s an implausible premise and the characters and stories are mostly implausible.  But it’s an hysterical take-off on the high school sitcom genre – that sneaks in good messages about good communication. Although some characters seem…
Please join me, Ian Ballon, Greenberg Traurig LLC Global IP & Technology Co-Chair and Stephanie O. Sparks, Hoge Fenton Privacy & Data Security and IP Chair for this terrific program on September 28, 2021 at noon, via Zoom. We will focus on the most recent updates to California privacy law, data privacy class actions, practical cybersecurity issues, data breach class actions, risk issues for officers and boards of directors, and cyber insurance. Register Here: https://buff.ly/3klQbM6 Sponsored by the Real Property. & Business Law Section of the Santa Clara County Bar Association and the San Mateo County, Alameda County and Marin…
Yesterday TaxProf blog posted the 68 Most-Cited Law Faculties according to the Sisk, Catlin, Anderson, and Gunderson study titled Scholarly Impact of Law School Faculties in 2021. According to the list, here are the DR faculty among the top 10 most-cited faculty the top 68 most-cited law schools: 6. Stanford – D. Hensler 9. Vanderbilt – C. Guthrie 11. UCLA – R. Korobkin 14. UC-Irvine – C. Menkel-Meadow 31. Illinois – J. Robbennolt 33. Colorado – S. Peppet 40. Kansas – C. Drahozal and S. Ware 43. Ohio State – S. Cole 46. (tie) American – S. Franck /…
Law professors regularly are asked how does one become a law prof?  It’s a good question, and one that almost all of us asked when we were in your shoes.  If you are interested in the answer or simply curious,  the Transforming the Legal Academy online conference is for you.  And if you’re not sure, the conference description is below. The Sandra Day O’Connor College of Law will host a virtual panel to discuss “Transforming the Legal Academy” on Friday, September 24, 2021. We invite law fellows, associates, researchers, law clerks, practitioners and others who are considering entering the higher…
Our friend Joan Sterns Johnsen (Florida) sends this message as a follow up to a similar announcement on the listserv. The University of Florida Levin College of Law is hiring. We are looking for three clinical positions including a Mediation Clinic. There is some flexibility as to the type of Mediation Clinic. The other two clinical positions we are looking to fill are for our Immigration and Environmental/Community Development Clinics.   We are at the beginning stage of the process, but hope to fill the positions by the end of this semester. I would be happy to speak with anyone…
Comings and Goings 2021 edition As legal education appears to be making a comeback, movement among people in the dispute resolution field is on the uptick.  And, here’s hoping the upcoming year(s) we’re able to find some talented folks to fill the shoes of our retiring colleagues.  And if I’ve missed anything, please let me know and I will post an updated list. Congratulations to everyone. Moves Amy Cohen – Ohio State to Temple (starting July 2022 – visiting at University of New South Wales through January) Jackie Font-Guzman – Creighton to Eastern Mennonite University (to become Exec. Dir. of…
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases. In real life, practitioners generally think of law in terms of Oliver Wendell Holmes’s famous definition:  “prophecies of what the courts will do in fact.” Of course, legal rules affect these prophecies, but they are only one factor, sometimes overshadowed by other factors.  Lawyers know that court decisions may be affected by many factors such as the personalities of parties, lawyers, and witnesses; availability of persuasive evidence; and attitudes of judges…
On Monday September 13, 2021 (beginning at 12:10 eastern), Alexandra Carter will deliver The Ohio State University Moritz College of Law’s 2021 Lawrence Lecture on Dispute Resolution: “Ask for More.” Here is the description from OSU’s website. Negotiation is not a zero-sum game. It’s an essential skill for your career that can also improve your closest relationships and your everyday life, but often people shy away from it, feeling defeated before they’ve even started. We’ve been taught incorrectly that the loudest and most assertive voice prevails in any negotiation, or otherwise both sides compromise, ending up with less. Instead…
From my colleague, Ilhyung Lee, Director of Missouri’s Center for the Study of Dispute Resolution: The University of Missouri School of Law invites applications for one full-time tenure-track or tenured position.  Senior lateral candidates should have a national reputation for distinguished scholarship and a record of excellence in teaching.  Entry-level and junior lateral candidates should have a strong commitment to scholarship, teaching, and public service; a strong academic record; and either legal practice experience or advanced academic training.  A J.D. or Ph.D. in a related field is required.  The search committee will welcome applications of scholars in any field of…
The Association for Conflict Resolution of Greater New York and the John Jay College of Criminal Justice in the City University of New York recently hosted an interesting breakfast roundtable featuring Gary Friedman, discussing his unfortunate tenure as a local elected government official.  You may recall that this was the subject of a series of comments prompted by Art’s post about the Politico article describing Gary’s experience. Most of the roundtable entailed Gary’s responses to questions by the very engaged audience.  His account illustrated challenges in applying dispute resolution ideas and techniques in political and governmental processes. I asked…
I’ve been asked by Sharon Jacobs to post the following announcement by Colorado who tells me they are especially interested in those teaching ADR/negotiation/mediation: Hiring Announcement: University of Colorado Law School The University of Colorado Law School invites applications from entry-level and lateral candidates for one or more full-time, tenured or tenure-track faculty positions to begin at the start of the 2022-23 academic year. We welcome applications from candidates in all subject areas and at all levels of seniority. However, we have especially strong needs in Tax Law, Environmental/Natural Resources Law, Health Law, Business/Commercial Law, American Indian Law, and Race…
The Cairo Regional Centre for International Commercial Arbitration (CRCICA) has recently announced the launch of its new Dispute Board Rules.  In doing so, it joins a relatively small and rarefied group of international institutions and arbitration centers that currently have such rules.  CRCICA has been working on drafting the Rules since about 2019 in consultation with leading experts from around the world, so it promises to be a good read.   The press release and a link to an English translation can be found here.…
The Africa Arbitration Academy (AAA) and The African Legal Support Facility (ALSF) have launched a Survey on Costs and Disputes Funding to understand from the perspectives of users of litigation and arbitration in Africa. This is a significant effort to gather important empirical data about the costs of dispute resolution in Africa, which will help governments and institutions evaluate proposals for reform. Please consider filling it out if you have experience with litigation or arbitration in Africa. The Survey takes 9 minutes to complete and can be found here.…
People often say that dispute resolution processes aren’t “one size fits all.”  When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case by case” decisions. They are telling the truth.  Lawyers make complex decisions as negotiators, litigation advocates, and mediators based on a lot of factors, so it is hard to generalize.  Practitioners learn from experience, growing their own theories over time, tailored to their particular set of clients, cases, roles, organizational contexts, etc. Growing out of my work on the LIRA book, I have been focusing on how lawyers, mediators,…
When President Trump was in office, I wrote a series of posts about his negotiation skills (or lack thereof) based on contemporary news accounts.  Despite having Republican majorities in both houses of Congress for his first two years in office, he generally was unable to negotiate for enactment of his policy objectives, most notably to “repeal and replace” Obamacare.  Although he allegedly wrote The Art of the Deal, which touted his supposed superlative negotiating skills, he didn’t seem to have the interest, patience, or skill to pull off successful legislative negotiations as president. For contrast, check out a Washington Post…