Dec

21

Negotiating Trick Shots

Posted by: | December 21, 2011 | 1 Comment

A little holiday cheer while grading exams–here’s how (yet another) failed negotiation went in my house this past fall. For context, my son Noah broke his leg on the very first day of school, 10 minutes into the very first soccer practice of the year. Since he couldn’t move much, his friends have been over [...]

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Nov

23

Beware Black Friday

Posted by: | November 23, 2011 | 5 Comments

In honor of the upcoming shop-a-thon known as Black Friday, I am linking to last week’s article in Newsweek about how we need to shop.  The science behind this impulse is the same that we deal with in negotiation in terms of how clients view risk, loss, and gratification.  In full disclosure, here’s a picture of  my most recent inability to [...]

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Nov

4

Senator Feingold on Civility

Posted by: | November 4, 2011 | 3 Comments

Last week in honor of ABA Mediation Week, the DR Society here hosted former Senator Russell Feingold for a talk on Civility in Public Discourse. We had a wonderful off-the-record hour (so I can’t tell you all the good stories!–here is me cracking up at one) but what I can say is heartening in terms [...]

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Sep

29

Mandatory Foreclosure Mediation: A Good Idea?

Posted by: | September 29, 2011 | 1 Comment

The Florida Supreme Court has ordered a review of its 18-month-old mandatory foreclosure mediation program.  Should a similar process come to Wisconsin? In July 2011, Wisconsin had the 10th highest foreclosure rate in the United States, only four spots behind the State of Florida.  Several initiatives in Wisconsin have attempted to inject mediation into the [...]

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Apr

29

An Interview with David Richardson, Ombudsperson at Kaiser Permanente

Posted by: | April 29, 2011 | 2 Comments

When I arrived at my hospital in California, I immediately hit it off with the ombudsperson here. Kaiser Permanente, as it turns out, has a very unique ombuds programs for the health care system. As a conflict resolution nerd, I was very interested in learning more. Going back to my theme about looking outside traditional [...]

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Apr

18

Respecting Others’ Positions

Posted by: | April 18, 2011 | 2 Comments

Professor Calboli made an interesting point in her comment to one of my previous posts, where she used the phrase “respecting others’ positions.” This gave me an idea for another post. What does it mean to respect others’ positions? Values-based disputes are often very hard to negotiate and accordingly, mediators are introduced to help bridge [...]

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Apr

13

Israel Reflections–Negotiation Aikido Israeli-Style

Posted by: | April 13, 2011 | Leave a Comment

On our very last day in Israel, with the sun shining and after spending an hour on the beach, we forced the students back on the bus to Tel Aviv University to have a joint class with Moty Cristal’s class from the International Master’s in Dispute Resolution program.  If ever I was worried that the [...]

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Mar

31

What Did You Do for Your Spring Break?

Posted by: | March 31, 2011 | Leave a Comment

Over spring break, Dispute Resolution Program Coordinator Natalie Fleury and I were privileged to take 20 Marquette students to Israel as part of their class on International Dispute Resolution. We were joined on the trip by 10 students from Arizona State University’s law school and our colleague Art Hinshaw. The trip was an amazing experience [...]

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Jan

17

“If I’d Wanted to Teach About Feelings, I Wouldn’t Have Become a Law Professor”

Posted by: | January 17, 2011 | Leave a Comment

That’s the intriguing title of a new paper by Andrea Schneider, Melissa Nelken, and Jamil Nahaud.  The title expresses the authors’ mock horror at the thought of “bringing feelings into the room when teaching negotiation.”  They recognize that legal education is not exactly known for helping students to get in touch with their feelings: “learning [...]

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Dec

21

How Women Lawyers Avoid the Likeability v. Competence Trap

Posted by: | December 21, 2010 | Leave a Comment

In a series of recent papers, Andrea Schneider has explored the “likeabilty v. competence” trap that seems to confront many women in leadership and professional positions.  In her view, the trap is typefied by media coverage of Hillary Clinton and Sarah Palin in the 2008 election.  Clinton was commonly portrayed as competent, but unlikeable, and Palin the [...]

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Nov

10

Can You Grow From a “No”?

Posted by: | November 10, 2010 | 2 Comments

On occasion, my brother-in-law and I get to thinking about the same topic.  His venue is a weekly sermon often linked to the Torah portion, while mine is the classroom and the blog.  I had much fun talking with him last week as he wrote his sermon “Can You Grow From a No?”  and I am delighted [...]

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Oct

27

Why Do Women Hate Negotiating?

Posted by: | October 27, 2010 | Leave a Comment

Last week, the Washington Post had an article on its blog with this title reviewing the depressing research that women “don’t ask” at the same rate as men and exploring why this might be so.  After all, as the author notes, women are negotiating every day at home — why do we choose not to [...]

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