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Library / Decision Making

Friends

Friends

You may be forgiven if you assume that these labels are the result of weighty deliberations in the bloggers’ respective ivory towers, with decisions tabulated by major accounting firms.  Forgiven, but wrong.

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Three Easy Pieces

Three Easy Pieces

“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

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Tim Hedeen: Good and Easy Class Exercise

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).

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Back to Arbitration Basics: Recent Federal Decisions (and a SCOTUS preview)

Back to Arbitration Basics: Recent Federal Decisions (and a SCOTUS preview)

Remember when Maria sang “Let’s start at the very beginning, it’s a very good place to start”?  Well, that seems to be what federal circuit courts are doing with their arbitration decisions recently.  This post will run through some Do Re Mis of arbitration law, as articulated by those decisions (and will close with some arbitration cases on SCOTUS’s docket).

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    For Pragmatic Roamanticism

    For Pragmatic Roamanticism

    The 1960s was a time of great hope for Americans seeking to redress historic injustices and make a better world.  This was the context in which Marc Galanter wrote his classic article, Why the Haves Come Out Ahead.

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

    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.

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    Confusing Dispute Resolution Jargon

    Confusing Dispute Resolution Jargon

    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.

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