Negotiation|systems design

Game Theory, Negotiation, and the "Black Box"

Negotiation|systems design

Game Theory, Negotiation, and the "Black Box"

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory.  Where it started was cutting a cake.  Where it ended was cutting out the lawyers, at least by implication. In addition to his law practice, Mr. Ring runs an enterprise called...

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Conflict Resolution|Ethics|Religion

Making Peace With "No" — Forgiveness and Mental Health

Conflict Resolution|Ethics|Religion

Making Peace With "No" — Forgiveness and Mental Health

Frederic Luskin, Director of the Stanford Forgiveness Projects, reminded a packed house at the ABA Dispute Resolution meeting in San Francisco that a 2-yr old who is told "no" screams and yells when she doesn't get what she wants, but then eventually stops and moves on to the next thing. ...

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Conflict Resolution|Mediation|United States

Disputes Involving "Who You Are" Rather Than "What You Want"

Conflict Resolution|Mediation|United States

Disputes Involving "Who You Are" Rather Than "What You Want"

In his keynote address to the Section of Dispute Resolution of the American Bar Association, MIT Professor Lawrence Susskind urged that it was time for ADR professionals to get involved in the failure of meaningful discourse in American public life, and to assist people to talk to each other about deeply...

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Arbitration|International|systems design

Symposium on Investor/State Dispute Resolution

Arbitration|International|systems design

Symposium on Investor/State Dispute Resolution

I had written here in anticipation of the March 29, 2010, Joint Symposium on International Investment Law and ADR, held by UNCTAD and the Washington and Lee School of Law.  It was a smashing and impressive success, due to the remarkable convening powers of hosts Susan D. Franck of Washington and...

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International

New Feature: International Mediation Resources

International

New Feature: International Mediation Resources

My periodic attendance at the UIA's World Mediation Forum, as well as the opportunity to attend the Chamonix Conference last April and the contacts and friendships I made while serving the CPR Institute for ten years, have all prompted the creation of a "Directory" of ADR organizations around the world.  This...

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Mediation

Can You Recognize When You're Being "Reality Tested"?

Mediation

Can You Recognize When You're Being "Reality Tested"?

NOTE:  The following text will appear as a chapter in a mediator skills volume to be published soon by the International Bar Association, edited by mediator Patricia Barclay of Bonaccord Ecosse Limited, in Edinburgh, Scotland.                 Reality testing is the technique of inviting a party to adjust his perceptions of the claim. ...

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Mediation

Mediation Confidentiality Meets Attorney Malpractice

Mediation

Mediation Confidentiality Meets Attorney Malpractice

While working for a company, a guy opens up a competing business and lures away customers.  He is sued by his employer for fraud and breach of fiduciary duty.  Prior to trial he participates in a mediation, that is unsuccessful.  At trial he loses and is found liable for $364,000 in...

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