Latest from Indisputably - Page 2

This whole month, I have been blogging about how different women could and should be used to teach negotiation under the theory that, if we normalized women as negotiation role models, we would all be socialized to expect that this is part of general human behavior rather than something masculine. To end Women’s History Month, I thought I would reflect on other role models that I have not yet highlighted and to encourage us all to find our own examples.  For me, my favorite woman to read about when I was growing up was Marie Curie.  I loved the stories…
Yale law professor Judith Resnik has penned an op-ed calling for passage of the Forced Arbitration Injustice Repeal Act (FAIRA).  That shouldn’t be a surprise based on her work on democratic values and arbitration over the years.  However, she dug into some data and . . . . well, check out the excerpt below. Advocates of arbitration insist it is “faster, cheaper, and more effective” than filing a lawsuit. Is that true? And if so, why can’t we choose for ourselves rather than being banned from filing lawsuits and silenced if we use arbitration? To get answers, I…
Despite the new criteria for the USNews law school rankings (story here), there are no reports of anything other than reputational votes being counted for the ADR specialty rankings.   And the average score out of 5 is reported below as well.  The big news is that we have a new entrant in the top 5 – congrats UNLV (tied w/ Mitchell-Hamline at 5).  It seems to me that this the first time I remember a school other than the traditional top schools (Harvard, Ohio State, Pepperdine, Mizzou, and Hamline/Mitchell-Hamline) being in the top 5. The top 25 are…
I recently gave a presentation to the ABA SDR’s Early Dispute Resolution Committee and I planned to write a blog post summarizing the presentation.  Well, that post grew into this draft paper, Survey of Early Dispute Resolution Movements and Possible Next Steps.  I have been studying EDR for 20 years and this overgrown blog post distills my findings and insights, providing a travelogue of my intellectual journey on this subject. Here’s an outline of the short sections in the paper: 1. Goals and Limitations of Early Dispute Resolution 2. Array of Early Dispute Resolution Processes 3. Collaborative Practice 4.…
From MFOI Lydia Nussbaum The UNLV Saltman Center for Conflict Resolution will host Professor Alia Malek on Thursday, April 8 at noon PDT for a virtual talk as part of its “Peace in the Desert” Speakers Series.   Her presentation is entitled “When Home Is Unattainable, What Replaces It?” Professor Malek began her professional career as a civil rights lawyer but then shifted to narrative journalism.   She traveled with Syrian refugees forced to flee their homes by civil war and is working on a 10-year project documenting the experience of Syrians displaced by conflict.   She has also captured narratives of individuals…
From GFOI Richard Peterson: The USC Gould Center for Dispute Resolution and JAMS are holding their fifth annual symposium with two upcoming webinars Wednesday, April 14, 2021The Arbitrator’s Approach to Contract Interpretation Issues: Civil vs. Common Law Perspectives 8:00 a.m. Pacific / 11:00 a.m. Eastern / 5:00 p.m. London / 11:00 p.m. Singapore Wednesday, May 19, 2021International Mediation and the Singapore Convention – The Future of International Mediation 5:00 p.m. Pacific / 8:00 p.m. Eastern / May 20 at 8:00 a.m. Singapore Richard Peterson Director of the USC Gould Center for Dispute Resolution and Adjunct Professor of Law…
There’s too darn much ADR research.  Too darn much if you have any hope of keeping up with it. We are blessed and cursed with an interest in a subject that deals with virtually every aspect of life and is studied in  many different disciplines.  Unfortunately, there isn’t a single database that collects all the publications.  So we are fortunate that Jim Coben and Donna Stienstra have compiled this great bibliography of empirical research on dispute resolution, published by  Mitchell Hamline’s Dispute Resolution Institute.  Here’s DRI’s description: Since summer 2013, Professor James Coben of Mitchell Hamline School of…
The Sandra Day O’Connor College of Law at Arizona State University is inviting  applications for up to two positions as Visiting Assistant Professor.  We are not looking for any specific areas, so DR scholars are in the mix.  VAPs have traditionally taught a first-year course, so I presume that will be expected going forward.  Some info from the advertisement.  And, good luck !! The Visiting Assistant Professor position is designed to give an aspiring law professor the opportunity to teach in a law school setting and engage in original research, all in a mentored environment. This is a full-time, benefits-eligible…
I don’t know about you but it actually felt a little funny to have Tony Blinken named as Secretary of State.  I mean isn’t that a job for a woman? The lovely thing is that there is already a generation of women and men in the US that think that job is typically handled by a woman or person of color (or both!)  From 1997 to 2013, and under three different presidents, the secretary of state was female or a minority.  First Madeleine Albright was appointed by President Clinton, President Bush appointed Condoleezza Rice (and then Colin Powell), and President…
Last week Andrea Schneider had an insightful interview with Bob Mnookin as part of the virtual book launch for Discussions in Dispute Resolution: The Foundational Articles (book and book launch details here).  Once the video is posted, we will provide a link in case you missed it. What interesting things will we learn from this week’s guest Len Riskin?  Tune in tomorrow, March 25, at 12pmCT when Alyson Carrel interviews him about his Understanding Mediators’ Orientations, Strategies, and Techniques: A Grid for the Perplexed.  Join us using this link. And, stick around for the end as the folks…
Over at the Forbes blog, Kwame Christian at the American Negotiation Institute asks this question in a recent post before listing 115 such books, some classics are on the list (Women Don’t Ask: Negotiation and the Gender Divide for example) as well as some fairly recent books (Ask for More: 10 Questions to Negotiate Anything – which I believe to be the best negotiation book to come out in some time).  This is a good question.  Why don’t negotiation books by women get more recognition?  Could it be that it doesn’t fit the narrative that women don’t or…
This week for women’s history month, I’ll be turning toward the “professionals”–those women whose job clearly includes negotiation–and highlight how their negotiation and leadership skills should be celebrated.  The skill set demonstrated by these successful leaders could be characterized as balancing assertiveness and empathy.  Or being willing to both listen and make hard decisions.  Walk and chew gum.  Lead and have children.  Utilize all the tools in the tool box rather than rely on one strategy. Even before the pandemic, I was so impressed with Jacinda Ardern’s leadership style in steering New Zealand through multiple crises.  There was the mass…
From GFOIs Sharon Press and Noam Ebner: Dear Colleagues: The ABA Section of Dispute Resolution will once again host a virtual conference in April and we are pleased to announce that the Resource Share will take place live on Saturday, April 17, from 12:00 noon 1:00 pm Eastern. For those of you who are new to the Resource Share, it is a session in which educators share teaching resources with one another to use freely in their classrooms.  Join in this session to learn how your colleagues are teaching specific topics or tackling tricky pedagogical challenges.  Share your own most…
From BFOI Deb Eisenberg: The University of Maryland Francis King Carey School of Law has openings in the Fall for Visiting Assistant Professors in our new first-year Lawyering program. The Lawyering course sequence provides students with a strong foundation in the analytical, oral and written communication, and professional skills essential in the legal profession.  Consistent with Maryland Carey Law’s tradition of integrating doctrine, theory, and practice, the Lawyering curriculum places students in the role of attorneys in the context of simulated cases involving doctrinal subject matter from their other first-year courses. All of the Lawyering sections use the same…
Please join me this Wednesday, March 24th, at 1:30 eastern when I speak with Professors David Matz and Bob Mnookin discussing lessons from Menachem Begin and Camp David and examine today’s leadership challenges.  You can register here or here. This is hosted by the Begin Heritage Center that describes the series as such: Menachem Begin’s legacy is complex, but the charisma, passion, and ceaseless dedication that were the touchstones of his political and personal life have much to teach us—about Israel, about Jewish peoplehood, and about strong, ethical leadership in the face of degradation or violence.  And, if you…
Mary Pat Treuthart (Gonzaga) wrote a terrific article describing how to use the Netflix film Marriage Story to teach law students:  Marriage Story: A Tale of Divorce, Love … and the Law, 45 Journal of the Legal Profession 65 (2020). You may recall my thumbnail review of the film, Somewhere Between Reasonable and Crazy, suggesting that it is one of the more realistic popular culture portrayals of dispute resolution. Prof. Treuthart’s article thoroughly dissects the interactions of the divorcing couple, their son, and a cast of professionals including various lawyers, a mediator, a custody evaluator, and a judge.  It…