“In ‘litigation as usual,’ settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution
Under the common law approach used in the United States, there is generally no duty to negotiate in good faith, and negotiators can exercise their BATNA power unless they decide to assume the good faith duty.
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).
Forgiveness can help people restore themselves as morally acceptable members of society as seen by themselves and others.
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.
In this post, I explain how I was led astray. Part of the reason is that I have come to believe – and still believe – that much of the cherished jargon in our field is misleading and confusing, as I describe below. So I was primed to believe that this was the case for BATNA too. I now realize that there is some confusion about BATNA, but not in the way I previously thought.
I am writing to share the news that Roger Wolf, a professor and pioneer of ADR in Maryland, passed away on Saturday, December 30, 2017.
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.
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.
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.
