It is a cause of dismay, in a way, that the ABA has published John Lande's superb book, Lawyering with Early Planned Negotiation: How You Can Get Good Results for Clients and Make Money. More than a generation since Frank Sander espoused the "Multi-Door Courthouse," and Jim Henry founded CPR Institute,...
At the ABA Annual Meeting this week I will be privileged and honored to be entrusted with the Chair of the Dispute Resolution Committee of the Business Law Section for a three-year term. The Committee is growing in size and influence, and will be associated with several CLE offerings. ...
Bob Mnookin of Harvard's Program on Negotiation has a buddy named Spock. Spock is available to Bob whenever, like Faust, Bob meets the Devil and is enticed to cut a deal with him. In his 2010 volume, Bargaining With the Devil: When to Negotiate, When to Fight, we get the opportunity...
The final paper from a student in the International Commercial Dispute Resolution course at New York Law School discusses the present state of commercial mediation, conciliation and arbitration in selected jurisdictions in Africa. The author also identifies certain political and commercial attributes that are missing in the region and that,...
This blog has noted, over the years, the challenges of multiparty negotiations. It has also brought readers' attention to the challenges of hostage negotiation. This next paper from a New York Law School student combines the two in a horrific melange of self-interest, terror and human lives. The topic is the...
Some colleagues have been batting back and forth the idea of initiating a Corporate ADR Pledge in our jurisdiction. They observe that business-to-business disputes continue to be litigated at an alarming rate, and that those who manage corporate disputes may not be aware of the efficiencies that mediation offers. A...
I recently finished another semester teaching International Commercial Dispute Resolution at New York Law School, and once more was reminded of how much one learns when one teaches. The final papers in the course were very good, and I have chosen a few to share, with the permission of the...