If you have problems with BATNA theory (best alternative to negotiated agreement), you aren’t the only one. Some people have privately shared their concerns with me, and I suspect that there are a lot of others who are “in the closet” and don’t express their concerns publicly because BATNAs are so widely taken for granted … Continue reading BATNAs and the Emotional Pains from “Positional Negotiation”
Colleagues recently wrote two timely articles for Jurist, which is soliciting additional pieces. TFOI Ben Davis wrote The Business of Reopening Colleges and Universities in a Pandemic. GFOI Cheryl L. Wade and Elayne E. Greenberg wrote July 4, 2020: How Will We Celebrate? Ben reported that Jurist publisher Bernard Hibbits invites additional articles. If you … Continue reading Jurist Articles
From Sara del Nido Budish: The Harvard Negotiation & Mediation Clinical Program is seeking applications for a Clinical Fellow. This role is a term position through June 30, 2022, open to those who earned their J.D. within the last 3 years. The fellow: Will provide regular oversight, supervision, and coaching to students involved in … Continue reading Clinical Fellow opening at the Harvard Negotiation & Mediation Clinical Program
The National Center for Technology and Dispute Resolution hosted a panel discussion and book launch on Wednesday, July 29. The program is entitled “Dispute System Design for the 21st Century.” The book is Dispute Systems Design: Preventing, Managing and Resolving Conflict by Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith, published by Stanford … Continue reading Dispute System Design Discussion on July 29
This fall, American universities will face their modern rendezvous with destiny as they make momentous decisions whether to protect large communities from death and disease. Most universities plan to conduct in-person classes and are likely to become semester-long virus incubators if they stick to those plans. The situation would be very different if all government … Continue reading How Many People Will Preventably Die or Get Ill if Universities Hold Classes in Person? – Part 1
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go — and Here’s a Better Idea
Some of our colleagues recently contributed their new and updated syllabi and teaching materials to share on the DRLE website, as follows. Thanks to all of them as well as everyone who previously generously contributed syllabi and teaching materials. I hoped to include instructions for students about managing online environment but I didn’t get any. … Continue reading Get Yer Syllabi Here
Greetings Colleagues! Please find attached to this message the compilation of the 2020 Legal Educators’ Resource Share which this year was held during the virtual ABA DR Section Conference. Noam and I appreciated seeing so many of you… and for your continued generosity in sharing your experience. The main document is annotated with yellow highlights … Continue reading Resource Share 2020
GFOI Jackie Font wrote this op-ed in the wake of the current events highlighting historic racial injustices: Here are ways that the academic community can promote racial equality. (Click on the title of this post to read the article.)
If you teach students that it’s important to analyze their BATNAs, consider including material in your course on litigation interest and risk assessment, aka LIRA. Virtually every negotiation, mediation, and ADR survey course teaches students that they should figure out their BATNA when negotiating or mediating. That is sooooo much easier said than done, as … Continue reading Resources for Teaching About BATNA, Bottom Lines, and LIRA