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Psychology and Lawyering: Coalescing the Field
December 14, 2015
There is some tendency, with the case method, for the study of law to be something like the study of chess or the analysis of a bridge hand. When analyzing the law in intricate detail, it may be hard to keep in mind the vital fact that the problems really relate to people . . . ." Erwin N. Griswold Although, historically, some may have thought of lawyers as walking talking brains, more recently we have seen increasing recognition that law is a people profession. After all, lawyers spend a substantial...
December 14, 2015
There is some tendency, with the case method, for the study of law to be something like the study of chess or the analysis of a bridge hand. When analyzing the law in intricate detail, it may be hard to keep in mind the vital fact that the problems really relate to people . . . ." Erwin N. Griswold Although, historically, some may have thought of lawyers as walking talking brains, more recently we have seen increasing recognition that law is a people profession. After all, lawyers spend a substantial...
Building Trust in E-commerce Through Online Dispute Resolution
December 10, 2015
Amy Schmitz, Professor of Law at the University of Colorado Law School has published “Building Trust in E-commerce Through Online Dispute Resolution,” John A. Rothchild (ed.), Research Handbook on Electronic Commerce Law, Edward Elgar, 2016, Forthcoming; U of Colorado Law Legal Studies Research Paper No. 15-15. In her book chapter, Professor Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions. Here is the abstract: E-commerce...
December 10, 2015
Amy Schmitz, Professor of Law at the University of Colorado Law School has published “Building Trust in E-commerce Through Online Dispute Resolution,” John A. Rothchild (ed.), Research Handbook on Electronic Commerce Law, Edward Elgar, 2016, Forthcoming; U of Colorado Law Legal Studies Research Paper No. 15-15. In her book chapter, Professor Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions. Here is the abstract: E-commerce...
Technological Advances Help to Resolve Disputes
December 10, 2015
Today’s lawyers are harnessing these innovations and many others to improve the delivery of legal services. Is there a place...
December 10, 2015
Today’s lawyers are harnessing these innovations and many others to improve the delivery of legal services. Is there a place...
Straus Conference on Business, Conflict around Globe Receives Rave Reviews
December 9, 2015
"Probably the most uniformly excellent cast of speakers we have ever had." –Thomas Stipanowich, Academic Director of the Straus...
December 9, 2015
"Probably the most uniformly excellent cast of speakers we have ever had." –Thomas Stipanowich, Academic Director of the Straus...
The Business of ADR is Changing
December 7, 2015
Those of us who have been in Alternative Dispute Resolution (ADR) for the past 25 years have seen it grow from an industry in modest infancy to thriving adulthood. In the beginning, we grappled with a business model of franchisor or franchisee. Mediators were challenged by potential conflicts of interest and were constantly in danger of being labeled as anything other than “neutral,” based on our law firm affiliations. In the 1990s, some ADR practices, mine included, made the leap to our own mediation...
December 7, 2015
Those of us who have been in Alternative Dispute Resolution (ADR) for the past 25 years have seen it grow from an industry in modest infancy to thriving adulthood. In the beginning, we grappled with a business model of franchisor or franchisee. Mediators were challenged by potential conflicts of interest and were constantly in danger of being labeled as anything other than “neutral,” based on our law firm affiliations. In the 1990s, some ADR practices, mine included, made the leap to our own mediation...
Beyond Fairness: The Place of Moral Foundations Theory in Mediation and Negotiation
December 4, 2015
Intuitive moral judgments pervade mediation and negotiation but are not well understood or managed. People usually experience them in terms of “fairness.” A sense of unfairness can fuel a conflict or prevent an agreement; a sense of being treated fairly, or presented with fair terms, can close a deal. Despite the ubiquity of moral judgments, negotiators and mediators have generally not articulated a coherent and explicit way to deal with them. Moral Foundations Theory, developed by psychologist...
December 4, 2015
Intuitive moral judgments pervade mediation and negotiation but are not well understood or managed. People usually experience them in terms of “fairness.” A sense of unfairness can fuel a conflict or prevent an agreement; a sense of being treated fairly, or presented with fair terms, can close a deal. Despite the ubiquity of moral judgments, negotiators and mediators have generally not articulated a coherent and explicit way to deal with them. Moral Foundations Theory, developed by psychologist...
Importance of Neutrality
November 17, 2015
Attorneys benefit from a unique educational experience that trains us to look at problems and challenges from all sides....
November 17, 2015
Attorneys benefit from a unique educational experience that trains us to look at problems and challenges from all sides....
Pepperdine Is Ranked #1 In Alternative Dispute Resolution
November 12, 2015
The crown jewel at Pepperdine Law School is our Straus Institute for Dispute Resolution, which has been ranked by U.S. News & World Report as the #1 dispute resolution program in American law schools for an unprecedented 11 consecutive years. I received in the mail my ballot for the 2017 U.S. News Tax Rankings (2016 U.S. News tax rankings). As in prior years, the survey is intended "to identify the law schools having the top programs in tax law." The survey is sent "to a selection of faculty members...
November 12, 2015
The crown jewel at Pepperdine Law School is our Straus Institute for Dispute Resolution, which has been ranked by U.S. News & World Report as the #1 dispute resolution program in American law schools for an unprecedented 11 consecutive years. I received in the mail my ballot for the 2017 U.S. News Tax Rankings (2016 U.S. News tax rankings). As in prior years, the survey is intended "to identify the law schools having the top programs in tax law." The survey is sent "to a selection of faculty members...
Managing Conflict 4.0: The New Wave of Opportunities for Businesses Around the Globe
November 8, 2015
Straus Institute for Dispute Resolution and the Dispute Resolution Law Journal present a two-day conference dealing with...
November 8, 2015
Straus Institute for Dispute Resolution and the Dispute Resolution Law Journal present a two-day conference dealing with...
Online Dispute Resolution and the Future of Consumer Protection
November 5, 2015
You may have seen the series of articles currently running in the New York Times about unfairness in consumer arbitration....
November 5, 2015
You may have seen the series of articles currently running in the New York Times about unfairness in consumer arbitration....
