Tim Hedeen: Good and Easy Class Exercise

OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways.  (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David Matz, and I wrote).

Hiro N. Aragaki: Things we know and think we know about Batna and Watna

This will likely be of most interest to scholars writing in this area.  In the final analysis, I think John’s original complaint that we are using BATNA “wrong” may be better directed at WATNA.  I do think that many of us—myself included—have not been particularly clear about what we mean by WATNA, and in this sense may be using the term incorrectly.

Ben Davis: Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration

As has been noted by Professor Stacie Strong, people should be very careful about drafting arbitration clauses.  They can lead to many complications in just getting the arbitration started. 

Mosten and Scully’s New Book on Unbundled Legal Services

Unbundling goes by many names, including “limited scope legal services.”  Lawyers provide specified services to clients rather than “full service” representation.  It’s like ordering food à la carte instead of a fixed, seven-course meal.

Stone Soup: Takeaways from new Hampshire Mediation Training

Recently, Susan Yates and I conducted mediation trainings on behalf of the United States District Court for the District of New Hampshire, the New Hampshire Judicial Branch Office of Mediation and Arbitration, and the University of New Hampshire, School of Law.

Using the Holidays to Gain Perspective in Future Conflicts

In every conflict, and during every mediation, each disputant has an option of dwelling upon the misery of the past, or focusing upon the good that has come from ending the conflict and looking towards better days ahead.  For me, Thanksgiving is a great opportunity to remind ourselves that gratitude is an attitude.

Gorillas in the mist

Counting passes of a basketball. Sounds easy, doesn’t it? But there is a famous experiment which shows that many people get so engrossed in a simple task such as counting passes by a group of basketball players that they completely fail to notice the guy in the gorilla suit who walks through the room. 

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