Andrea Schneider

Forwarded by GFOI Lara Fowler: The Federal Mediation and Conciliation Service (FMCS) believes that there is a great mutual benefit to be gained through collaboration with academic institutions.  FMCS mediators, with their wealth of practical experience, have much to contribute to the learning and research in the field of Alternative Dispute Resolution (ADR).  At the … Continue reading FMCS Seeks Collaboration with Universities →
On November 30, the ABA is holding a one-day Cyber Monday Book Sale.  You can get 40% off and free ground shipping on all books, eBooks and CLEs.  The discount code for this sale is CYBER2020. Here’s a link to books published by the ABA Section of Dispute ResolutionThis post provides a convenient list of most of the books with brief descriptions. A reminder that law students can join the ABA and the SDR for FREE.  As members, they get the 40% discount on top of the member discount.…
Debra Berman wrote Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality?, which prompted responses by Art Hinshaw and Carrie Menkel-Meadow as well as others on the DRLE listserv. My answer to Debra’s question is that our over-emphasis on integrative negotiation pedagogy does fall short of reality.  We know that much – probably most – negotiation and mediation of civil cases these days in the US involves a counteroffer process where lawyers focus almost exclusively on allocating money based on a zero-sum assumption.  So if our courses focus too much on interests-and-options processes, students get a misimpression…
My indefatigable colleague, Amy Schmitz, recently gave an important presentation, “ODR through the Lens of A2J: Who Benefits?” which examined ODR’s successes and failures in advancing justice. Yale Law Professor Judith Resnik provided a commentary. This presentation was sponsored by the Quinnipiac-Yale Dispute Resolution Workshop.  Click here to watch the video.  [But first click on the title so that you can access the video.]…
From PFOI Robyn Weinstein: The Brooklyn Law School Student Organizations OUTLaws and APALSA are hosting a free ADR Diversity Panel tomorrow, November 19, 2020 from 12:40 pm – 1:50 pm. The purpose of this panel is to provide insight for future practicing attorneys on how to begin, develop, and thrive in the ADR field. Specifically, we are hoping to discuss how students of diverse backgrounds can make a space for themselves in a field that remains relatively homogenous despite large-scale efforts and measurable successes to diversify the career. The panel is open for law students from any law school. Please…
Yesterday DR field titan Carrie Menkel-Meadow (UC-Irvine) contributed to this conversation on the listserv.  Cross posting it here for posterity.  Enjoy. If I may be so bold as to say, as one of the “mothers” of integrative bargaining (actually problem solving in my lexicon), anyone who reads my texts (with Andrea Schneider, Lela Love, Jean Sternlight and now Michael Moffitt) or my original 1983, 1984 or later articles (Neg. J.) knows, we teach not just both (but for me 4 different) conceptual models of negotiation (Lax & Sebenius “creating and claiming” is the 3rd—you will have to wait for my…
The indefatigable Debra Berman (South Texas) raised an interesting issue on the listserv, which has been posted here, asking if we are doing our students a disservice by over-emphasizing integrative bargaining in our negotiation courses.  Her question is reminiscent of questions raised by James J. While, Gerald Wetlaufer, and Russell Korobkin among other over the years.  In fact, White remarked in his book review of Getting to Yes for the Journal of Legal Education that the GTY misses what really happens in negotiation – the distribution of value.  We can debate whether that’s right or not, and Roger  Fisher…
Bill Froehlich (deputy director of Ohio State’s Divided Community Project) asked me to share this post… Ohio State’s Divided Community Project was privileged to develop Ohio State’s Education for Citizenship Post-Election Dialogue Series in partnership with Ohio State President Kristina M. Johnson. We just completed the first two events in this series: 1. “Unpacking the 2020 Presidential Election – How we got here and what lies ahead” featured DCP Co-Director Carl Smallwood and Ohio State Election Law Colleagues (Ned Foley, Steve Huefner, Teri Enns, and Peter Shane). The recording is available at https://go.osu.edu/dcppostelection1. 2. “Unpacking the 2020 Presidential…
New Zealand, not surprisingly, is moving the needle faster than the U.S. on gender equity by changing the criteria that is actually used to measure pay equity.  The New York Times had a great piece yesterday that explains this further.  It’s all about the standards that we use.  Think Moneyball for equity.    Our traditional argument is that women should receive on equal pay for equal work.  Instead, we need to insist on equal pay for work of equal value.  That simple change can start to fix the problem of occupation segregation and really get at another underlying, often hidden,…
From EFOI Debra Berman: In our zeal to teach integrative bargaining, many of us tend to use negotiation role-plays that have multiple items to creatively bargain about. But is that actually doing a disservice to our students?  While I certainly believe it is beneficial to teach our students to think outside of the box and encourage integrative problem solving, in the “real-world,” often times money is the primary topic to be negotiated.  Are we creating false expectations amongst our students? I bring this up now because 400 students from all over the country just completed our Inter-School Negotiation Practicum which was…
Reflecting on my They Should Call it Negotiation School and Law School Failures posts, I wrote the following message, which you may want to share with your students. ___________________________________________________________________ I am a retired law school professor who has studied what lawyers do in real life and how law schools can best prepare law students to be effective practitioners.   I recently posted an overview of the excellent report by Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett, Building a Better Bar: The Twelve Building Blocks of Minimum Competence.…
From TFOI Robyn Weinstein: The ADR Department of the US District Court for the Eastern District of New York and the Columbia Law School Ethics Colloquium will present a program, Anti-Racism and the Mediator’s Role: Irreconcilable Differences or Ethical Imperative?, on Friday, November 13, 2020, from 12:00pm – 1:30pm. The program is free and 1.5 CLE credits (1.0 Elimination of Bias, .5 Ethics). Here’s the description. An ethical and successful mediation depends on a mediator’s ability to assist parties in dispute resolution while serving as an impartial third party. The effectiveness and quality of a mediation process, however, can be…
Kris Franklin is a kindred spirit to folks in our community.  I hadn’t heard of her until I was wowed by her conversation with Peter Philips, which you can see in this 42-minute video. She’s a professor at New York Law School and here’s an excerpt from her webpage: An academic innovator, Kris Franklin brings a talent for creative and unconventional thinking to her teaching and her leadership of New York Law School’s Academic Initiatives. Professor Franklin is an expert in legal pedagogy and experiential learning and a national leader in the field of academic preparedness.  She is frequently…
I previously posted an overview of the excellent report by Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett, Building a Better Bar: The Twelve Building Blocks of Minimum Competence.  This report is based on insights from 50 focus groups with 201 participants conducted in 2019-2020.  Forty-one focus groups involved new lawyers and nine focus groups involved lawyers who supervised new lawyers.  “New lawyers” were licensed mostly in 2016-2018. This post provides excerpts (without footnotes) from the report about new graduates’ unmet needs for instruction in interacting effectively…
Here’s an inspiring message from TTFOI Rachel Viscomi: Dear friends and colleagues, As the United States engages a deeply consequential election, one thing I know for certain is that, whatever the final tally shows, we have a long road ahead of us.  The election, while vitally important, can only do so much.  It can tell us who will sit in the Oval Office, in the Capitol Building, and our state governments; it can tell us what ballot measures will win and fail; but it cannot show us how to build the world we envision.  It cannot weave the fabric of…
Houston, We Have a Problem I’ve said it before, and I’ll say it again.  We use rotten language to describe our ideas and theories. Theory is important because it guides actions.  Concepts are building blocks of theory. It’s a real problem if we use different language for similar concepts or the same terms for different things. And boy, do we ever do that. For example, one traditional negotiation model is called “distributive,” “competitive,” “adversarial,” or “positional negotiation,” and the other is called “integrative,” “problem-solving,” “cooperative,” or “interest-based negotiation.” The “evaluative” mediation model includes very different elements including providing analyses…