I think that one of our main missions in the DR field is to promote constructive engagement in conflict. We know that conflict is inevitable and it can be constructive and/or destructive. Often, when people are in conflict, it is very destructive and everyone just wants to end the conflict as quickly as possible while … Continue reading Touching Story of Relationship of Constructive Engagement in Conflict
The presidential election campaign this year has provided several teachable moments for law students and lawyers and this post focuses on one of them. Unless you have been hibernating for the past few weeks, you know that a number of women have accused Republican candidate Donald J. Trump of sexual misconduct. Mr. Trump and his … Continue reading Why Don’t People Complain? Implications for Defense Counsel. And Some Practical Ethics Hypos for Students.
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below. Before I get to her description, I want to say a few words about why I think her book is particularly important. I have been writing about early dispute resolution, especially planned … Continue reading Lainey Feingold’s Book on Structured Negotiation
In my post, Non-Apology Apologies, Part 2, I briefly described Wells Fargo’s acceptance of responsibility but refusal to apologize for its fraudulent practices in creating accounts without customers’ authorization. This post focuses on a point in a New York Times article that provides fascinating background relevant to lawyers, law professors, and law students. Top executives … Continue reading Non-Apology Apologies, Ethics, and Lawyers
The ABA Journal profiled Cleveland-based law firm Thompson Hine and its managing partner, Deborah Z. Read, highlighting their “SmartPaTH” process to manage cases and satisfy clients. This is part of the Journal’s “Legal Rebel” series. It is both amusing and sad that these ideas would seem radical, especially these days. Here’s the description of the … Continue reading Law Firm Uses “SmartPaTH” to Manage Cases and Satisfy Clients
I recently talked with Nancy Rogers, one of the pioneers in our field, who is living her version of what I have called “unbundled retirement.” Nancy described Ohio State’s Program on Law and Leadership, which she directs along with program coordinator Mary Rose Sullivan. I was particularly intrigued by Nancy’s description of leadership embodied in … Continue reading Training Law Students to be Leaders
At the ABA SDR conference this year, Cynthia Alkon, Noam Ebner, Lydia Nussbaum and I did a session at the Legal Educators Colloquium entitled Preparing Students for the Future of Dispute Resolution: Skating to “Where the Puck Is Going, Not Where It’s Been.” The title of our session was based on a quote by hockey … Continue reading Where the “Puck” is Going – And What Faculty Should Do to Help Students Get There
Thanks to Kim Wright, at Cutting Edge Law, I learned about a wonderful TED talk that David Hoffman gave: Lawyers as Peacemakers. Really?!? Yes, Really. It describes his personal journey from a hippie seeking social justice to lawyer who sometimes litigated to full-time peacemaker practicing mediation and collaborative law (CL). It is an inspiring talk, … Continue reading Fabulous TED Talk by David Hoffman on Lawyers as Peacemakers
From producers of incredible educational resources, Marjorie Aaron and Dwight Golann: Dear colleagues, We are writing to let you know of new video resources available for teaching interviewing and counseling, skills we think are key to effective dispute resolution. The videos come with roleplay instructions; you can download them at no charge for classroom use. … Continue reading New Client Interviewing and Counseling Video Resources
The 2007 Carnegie Report recommended that law schools promote an apprenticeship of professional identity as well as of knowledge and skills. This has always been a concern of mine because lawyers need a professional compass to help guide them through the vast range of types of legal matters, clients, services (e.g., litigation or transactional), among … Continue reading Easy Assignment to Promote Law Students’ Apprenticeship of Identity