Quick Introduction to the BI Knowledge Base

The knowledge base has grown over the years.  It now has written materials contributed by several hundred scholars and practitioners and another 100 or so scholars and practitioners who have contributed audio interviews. It contains over 400 core articles, which came to be known as “essays.” 

Civility in Public and Private Discourse

A distressing proportion of political talk in 2017 includes name-calling, hateful rhetoric, and a complete refusal to listen to or think about the interests, needs, or beliefs of “the other side.”  As our partisan divide grows ever-deeper, advocates on both sides are simultaneously pleading for civility and going for the kill

Missouri Symposium On The First Amendment On Campus & Dispute Resolution

We are delighted that Dean Robert Post of the Yale Law School, a noted First Amendment scholar, will be our keynote speaker.  Lisa Amsler (Indiana), Jennifer Brown (Quinnipiac), and Grande Lum (Ohio State) will anchor an afternoon panel on lessons to be learned from DR scholarship.  And there are other panels, too

Ten Duel Commandments

The so-called “ten duel commandments” reveal that the whole ritual of dueling actually incorporates a system based on negotiation. In the song that lays out the commandments of dueling, note that they provide at least three opportunities to back away from going through with the contest.  At the outset, the person challenged can avoid a duel by apologizing

How Litigation Resolves Conflict

As an attorney, I don’t get much satisfaction out of subjecting my own clients to a painful experience just to teach them a lesson. Therefore, for the majority of private disputes, I’d prefer to start off with a less destructive process, like negotiation or mediation. And if we have to litigate, I’d prefer to do so in a way that minimizes the pain for my clients and helps more their case toward resolution, rather than in a way that forces them to settle just to avoid experiencing more of the pain the lawsuit is causing them.

Should You Make Opening Statements In A Mediation?

I recently served on a panel of mediators at the Alabama State Bar’s annual meeting. One of the attendees asked the panel if we encouraged attorneys to give opening statements in mediations. I was the sole panelist who said Yes.

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