Blog Archives
Thirty‐Five Years of Research on Turning Points: Insights Gained and Gaps to be Filled
May 24, 2020
In this article, I review three decades of research conducted on turning points (TPs) in negotiation. The article begins with a historical overview that describes how the concept was discovered. The sections to follow highlight key ideas and findings. These include how negotiators monitor the process and adjust their moves, the relationship between crises and TPs, and the development and application of a three‐part framework. These findings are the basis for developing a theory (or theories) of TPs....
May 24, 2020
In this article, I review three decades of research conducted on turning points (TPs) in negotiation. The article begins with a historical overview that describes how the concept was discovered. The sections to follow highlight key ideas and findings. These include how negotiators monitor the process and adjust their moves, the relationship between crises and TPs, and the development and application of a three‐part framework. These findings are the basis for developing a theory (or theories) of TPs....
International Council for Online Dispute Resolution and National Center for Technology and Dispute Resolution Facilitate ODR
May 23, 2020
Due to the ongoing COVID-19 worldwide health crisis, online dispute resolution (“ODR”) processes have become increasingly important for most dispute resolution professionals. Because of this, Disputing has chosen to highlight many of the various organizations offering guidance and support for ODR technologies in our recent blog posts. Today’s post is focused on the International Council for Online Dispute Resolution (“ICODR”), which was created...
May 23, 2020
Due to the ongoing COVID-19 worldwide health crisis, online dispute resolution (“ODR”) processes have become increasingly important for most dispute resolution professionals. Because of this, Disputing has chosen to highlight many of the various organizations offering guidance and support for ODR technologies in our recent blog posts. Today’s post is focused on the International Council for Online Dispute Resolution (“ICODR”), which was created...
The Two-Space Battle Is Over
May 22, 2020
As reported by The Verge on April 24, Microsoft Word now auto-corrects the use of two spaces after a period at the end of a sentence. The battle, such as it was, should now be considered over. This influential article in Slate explains why the one-spacers – while correct during the era of typewriters, which made every letter and space the same size – have been wrong since the early 1990s and the widespread availability of proportional spacing in modern word processing software.
May 22, 2020
As reported by The Verge on April 24, Microsoft Word now auto-corrects the use of two spaces after a period at the end of a sentence. The battle, such as it was, should now be considered over. This influential article in Slate explains why the one-spacers – while correct during the era of typewriters, which made every letter and space the same size – have been wrong since the early 1990s and the widespread availability of proportional spacing in modern word processing software.
Thirty‐Five Years of Research on Turning Points: Insights Gained and Gaps to be Filled
May 21, 2020
In this article, I review three decades of research conducted on turning points (TPs) in negotiation. The article begins with a historical overview that describes how the concept was discovered. The sections to follow highlight key ideas and findings. These include how negotiators monitor the process and adjust their moves, the relationship between crises and TPs, and the development and application of a three‐part framework. These findings are the basis for developing a theory (or theories) of TPs....
May 21, 2020
In this article, I review three decades of research conducted on turning points (TPs) in negotiation. The article begins with a historical overview that describes how the concept was discovered. The sections to follow highlight key ideas and findings. These include how negotiators monitor the process and adjust their moves, the relationship between crises and TPs, and the development and application of a three‐part framework. These findings are the basis for developing a theory (or theories) of TPs....
Learning the Wisdom to Seize the Moment: How Negotiators Encourage the Learning of Practical Wisdom for Themselves and Others
May 20, 2020
Expert negotiators and mediators need to create, recognize, and seize the moments that are critical for a successful negotiation or mediation. Doing so requires “practical wisdom”—a term that dates back to Aristotle—that cannot be “taught” in any simple or straightforward way. Such wisdom can only be learned through practice. This article considers how the practice of negotiation, and professional practice more generally, can be structured to encourage the learning of practical wisdom....
May 20, 2020
Expert negotiators and mediators need to create, recognize, and seize the moments that are critical for a successful negotiation or mediation. Doing so requires “practical wisdom”—a term that dates back to Aristotle—that cannot be “taught” in any simple or straightforward way. Such wisdom can only be learned through practice. This article considers how the practice of negotiation, and professional practice more generally, can be structured to encourage the learning of practical wisdom....
The Tiger King and an Unexpected Lesson on Estate Planning
May 19, 2020
Hey all you cool cats and kittens! Episode 3 of the recent Netflix hit Tiger King focused on the disappearance of the husband of the protagonist's arch-enemy. Joe Exotic was sentenced to federal prison for animal abuse and his part in a murder-for-hire plot against Carole Baskin. Baskin's former husband, millionaire Don Lewis, disappeared in 1997 and was declared dead in 2002. Though the man had a will and a trust for his children from a prior marriage, the episode insinuated that the documents...
May 19, 2020
Hey all you cool cats and kittens! Episode 3 of the recent Netflix hit Tiger King focused on the disappearance of the husband of the protagonist's arch-enemy. Joe Exotic was sentenced to federal prison for animal abuse and his part in a murder-for-hire plot against Carole Baskin. Baskin's former husband, millionaire Don Lewis, disappeared in 1997 and was declared dead in 2002. Though the man had a will and a trust for his children from a prior marriage, the episode insinuated that the documents...
Judicial Heavyweights Call for ‘Breathing Space’ to Save Dispute Resolution System
May 18, 2020
It quotes Lord Phillips, another former Supreme Court president, as saying 'parties should consider mediation, and conciliation should be encouraged at an early stage of legal proceedings'. As part of this, there should be careful consideration of how the substantive law applies in this novel situation. Sir William Blair, a former Judge of the London Commercial Court, stressed that 'new thinking is going to be required if the law is to play its full part in getting international commerce...
May 18, 2020
It quotes Lord Phillips, another former Supreme Court president, as saying 'parties should consider mediation, and conciliation should be encouraged at an early stage of legal proceedings'. As part of this, there should be careful consideration of how the substantive law applies in this novel situation. Sir William Blair, a former Judge of the London Commercial Court, stressed that 'new thinking is going to be required if the law is to play its full part in getting international commerce...
The Effect of the Global Pandemic on Active Lifestyles
May 17, 2020
In the middle of March, Friday the 13th to be exact, Americans awoke to the news that a national state of emergency had been declared. By Sunday the CDC issued an advisory against gatherings of 50 or more people. According to activity tracking data from the millions of registered Garmin users, this fateful weekend in mid-March was a turning point, marking a major shift in human activity. With state and local governments issuing shelter-in-place orders, it’s no surprise that Garmin...
May 17, 2020
In the middle of March, Friday the 13th to be exact, Americans awoke to the news that a national state of emergency had been declared. By Sunday the CDC issued an advisory against gatherings of 50 or more people. According to activity tracking data from the millions of registered Garmin users, this fateful weekend in mid-March was a turning point, marking a major shift in human activity. With state and local governments issuing shelter-in-place orders, it’s no surprise that Garmin...
Facing a big life decision? Stop obsessing and consider this first
May 16, 2020
We have overemphasized the decision-making process, at the expense of what comes after. As a researcher who has studied decision-making, I have spent a lot of time immersed in research about how people make choices. I have taught decision-making biases and strategies for more effective choices to students and people in companies. Over the years, though, I have come to believe that we have overemphasized the decision-making process at the expense of what comes after.
May 16, 2020
We have overemphasized the decision-making process, at the expense of what comes after. As a researcher who has studied decision-making, I have spent a lot of time immersed in research about how people make choices. I have taught decision-making biases and strategies for more effective choices to students and people in companies. Over the years, though, I have come to believe that we have overemphasized the decision-making process at the expense of what comes after.
Covid-19 Outbreak Caused Steep Drop In New Matters for Lawyers, Clio Data Shows
May 15, 2020
As the numbers of COVID-19 cases rose in the United States during March, the numbers of new legal matters coming to law firms dropped sharply — by more than 30% compared to the first five weeks of 2020 and by more than 40% from the year’s highest weekly averages — according to data compiled anonymously from its users by the practice management company Clio. In addition, in a related survey conducted by Clio, 56% percent of legal professionals say they have seen a significant decrease...
May 15, 2020
As the numbers of COVID-19 cases rose in the United States during March, the numbers of new legal matters coming to law firms dropped sharply — by more than 30% compared to the first five weeks of 2020 and by more than 40% from the year’s highest weekly averages — according to data compiled anonymously from its users by the practice management company Clio. In addition, in a related survey conducted by Clio, 56% percent of legal professionals say they have seen a significant decrease...
