Beware Black Friday

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 delay gratification.

As the authors write,

Indeed, the choice to spend rather than save reflects a very human—and, some would say, American—quirk: a preference for immediate gratification over future gains. In other words, we get far more joy from buying a new pair of shoes today, or a Caribbean vacation, or an iPhone 4S, than from imagining a comfortable life tomorrow. Throw in an instant-access culture—in which we can get answers on the Internet within seconds, have a coffeepot delivered to our door overnight, and watch movies on demand—and we’re not exactly training the next generation to delay gratification.

Continue ReadingBeware Black Friday

Senator Feingold on Civility

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 of supporting our students. Feingold noted that the most persuasive negotiators in the Senate were those who were passionate and had conviction and would also know when to work out a deal. You could trust that they would keep their word. When I asked him about the “argument culture” that seems to pervade Washington, Senator Feingold urged our students to fight against this mentality–stay civil, be humble, keep your word. In reflecting about his long-term interactions with Senator McCain on the campaign finance reform bill, Senator Feingold pointed out that these cross-cutting relationships are crucial–after all, you don’t need to make a deal with those who already agree with you. Over his 18 years in the Senate, he noted how the atmosphere had changed where a senator was part of a joint enterprise with an honored history and esprit de corps–these days politicians get elected by running against the idea that you need to work together. In focusing on Wisconsin–which has been an incredible battleground in the last year over labor rights, the Supreme Court, and other issues–I will note at least two state senators that seem to be taking a page from Senators Feingold and McCain. Dubbed the Common Ground tour, these two senators are touring their respective districts stumping for common issues.  (For more on the Common Ground tour and to hear directly from these state senators, you can click here to watch our own Mike Gousha interviewing them as part of Marquette’s “On the Issues” series.)

Cross posted at Indisputably.

Continue ReadingSenator Feingold on Civility

Ombuds Perspective on Whistleblowing Laws

Last week, we had wonderful talk entitled Blowing the Whistle on Whistleblowing Laws.  Attorney Charles L. (Chuck) Howard is one of the few attorneys in the U.S. with extensive expertise in the legal issues of ombudsmen. Howard has a national practice in representing organizational ombudsmen at universities, multinational corporations, and research institutions.  His new book, entitled The Organizational Ombudsman: Origins, Roles and Operations–A Legal Guide, was just published by the American Bar Association (ABA) and is the nation’s definitive resource book about ombudsmen, mediation, and their impact in the workplace.

In this presentation, he explored how fear of retaliation limits the effectiveness of whistleblower laws and policies. There are hundreds of whistleblower laws in the United States that provide incentives for people to report misconduct and prohibit retaliation against them for doing so. While recoveries from laws like the False Claims Act are significant, the perception — and often the reality — of what happens to whistleblowers who do come forward is that they pay dearly for their actions. In addition to trying to reward whistleblowers, why are we not also looking for better ways to help people address workplace conflict or misconduct without having to be a whistleblower? Howard argued that an organizational ombudsman can help an organization address this gap between encouraging the reporting of misconduct and protecting those who raise issues.

Several of my students’ comments about the talk are below: 

Continue ReadingOmbuds Perspective on Whistleblowing Laws