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Negotiation
‘AIQ’ Review: Getting Smarter All the Time
June 11, 2018
Their book has two goals. First, to document the reach of AI in everyday life: It’s now used to predict corn yields, track gender bias in films, map disease outbreaks and sort vegetables, among hundreds of other applications. But “AIQ” also aims to demystify AI. Each chapter focuses on an algorithm in a different industry, tracing the roots of each back to an innovator from before the computer era. One chapter goes back to Isaac Newton’s stint at the Royal Mint, another to Florence Nightingale’s...
June 11, 2018
Their book has two goals. First, to document the reach of AI in everyday life: It’s now used to predict corn yields, track gender bias in films, map disease outbreaks and sort vegetables, among hundreds of other applications. But “AIQ” also aims to demystify AI. Each chapter focuses on an algorithm in a different industry, tracing the roots of each back to an innovator from before the computer era. One chapter goes back to Isaac Newton’s stint at the Royal Mint, another to Florence Nightingale’s...
31st Annual Summer Professional Skills Program in Dispute Resolution in Malibu
June 5, 2018
June 21-23, 2018 Malibu, California (This year's program will be held on the Drescher Graduate Campus due to School of Law renovations!) View the 2018 Brochure All 12 classes for the 2018 program are listed below! We recommend using google chrome web browser for registration. Register Now SAVE THE DATE: On the evening of June 20, 2018, Pepperdine/Straus American Inn of Court for Dispute Resolution will be hosting a dinner appetizer reception at the Jonathan Club in Santa Monica. Registrants...
June 5, 2018
June 21-23, 2018 Malibu, California (This year's program will be held on the Drescher Graduate Campus due to School of Law renovations!) View the 2018 Brochure All 12 classes for the 2018 program are listed below! We recommend using google chrome web browser for registration. Register Now SAVE THE DATE: On the evening of June 20, 2018, Pepperdine/Straus American Inn of Court for Dispute Resolution will be hosting a dinner appetizer reception at the Jonathan Club in Santa Monica. Registrants...
The Warriors’ Key Chess Piece Is Also a Chess Fanatic
June 1, 2018
NBA playoff series are chess matches. So it’s a good thing that Klay Thompson really, really loves chess. Thompson plays chess as often as he plays basketball: almost every day. “It’s a great game,” he said. He owns multiple chess boards at home. He carries a magnetic chess set on road trips. And he juggles several chess games on his phone, which is a problem for Thompson: He’s not good at chess on his phone. What he appreciates most about chess are the moments when...
June 1, 2018
NBA playoff series are chess matches. So it’s a good thing that Klay Thompson really, really loves chess. Thompson plays chess as often as he plays basketball: almost every day. “It’s a great game,” he said. He owns multiple chess boards at home. He carries a magnetic chess set on road trips. And he juggles several chess games on his phone, which is a problem for Thompson: He’s not good at chess on his phone. What he appreciates most about chess are the moments when...
Myths About Abraham Maslow and Self-Actualisation
May 31, 2018
Maslow’s most penetrating idea is that we have a hierarchy of needs, proceeding from physiological needs like water or warmth, through safety, love, esteem and then self-actualisation. He argued that lower needs occupy our attention when they are unmet and make it more difficult to fulfil the higher ones – including self-actualisation, which is about becoming the self you always had the potential to be. Compton first deals with the charge that this work is ascientific. He finds there is a lack...
May 31, 2018
Maslow’s most penetrating idea is that we have a hierarchy of needs, proceeding from physiological needs like water or warmth, through safety, love, esteem and then self-actualisation. He argued that lower needs occupy our attention when they are unmet and make it more difficult to fulfil the higher ones – including self-actualisation, which is about becoming the self you always had the potential to be. Compton first deals with the charge that this work is ascientific. He finds there is a lack...
Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws
May 18, 2018
Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex...
May 18, 2018
Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex...
Negotiating in the Shadow of Adhesive Arbitration
May 1, 2018
Dispute resolution scholars have long understood that negotiators bargain in the shadow of the law. Although, historically, most dispute negotiations took place in the shadow of litigation, the increasing use of pre-dispute arbitration agreements (PDAAs) in adhesive consumer, franchise, employment, and investor contracts means that more and more disputants in those settings are negotiating in the shadow of mandatory arbitration, not litigation. Those PDAAs typically are non-negotiable, take-it-or-leave-it...
May 1, 2018
Dispute resolution scholars have long understood that negotiators bargain in the shadow of the law. Although, historically, most dispute negotiations took place in the shadow of litigation, the increasing use of pre-dispute arbitration agreements (PDAAs) in adhesive consumer, franchise, employment, and investor contracts means that more and more disputants in those settings are negotiating in the shadow of mandatory arbitration, not litigation. Those PDAAs typically are non-negotiable, take-it-or-leave-it...
Negotiation Ethics
April 30, 2018
This book chapter shows how negotiation ethics can be viewed through three different lenses – morals, rules, and law – and how they produce different “ethical” results. First, the piece works through a series of social norms, showing how people with different personality profiles tend to opt for one norm over another. Next is an analysis of the ethics rules applicable to lawyers affect an attorney’s choices in a negotiation. Finally, the chapter concludes with a brief tour of the applicable...
April 30, 2018
This book chapter shows how negotiation ethics can be viewed through three different lenses – morals, rules, and law – and how they produce different “ethical” results. First, the piece works through a series of social norms, showing how people with different personality profiles tend to opt for one norm over another. Next is an analysis of the ethics rules applicable to lawyers affect an attorney’s choices in a negotiation. Finally, the chapter concludes with a brief tour of the applicable...
Keet, Heavin, & Sparrow on the Psychological Cost of Civil Litigation
April 25, 2018
Michaela Keet, Heather D. Heavin and Shawna Sparrow (University of Saskatchewan College of Law, University of Saskatchewan...
April 25, 2018
Michaela Keet, Heather D. Heavin and Shawna Sparrow (University of Saskatchewan College of Law, University of Saskatchewan...
On Preferring A to B, While Also Preferring B to A
April 24, 2018
In important contexts, people prefer option A to option B when they evaluate the two separately, but prefer option B to option A when they evaluate the two jointly. In consumer behavior, politics, and law, such preference reversals are often a product of the pervasive problem of "evaluability." Some important characteristics of options are difficult or impossible to assess in separate evaluation, and hence choosers disregard or downplay them; those characteristics are much easier to assess in joint...
April 24, 2018
In important contexts, people prefer option A to option B when they evaluate the two separately, but prefer option B to option A when they evaluate the two jointly. In consumer behavior, politics, and law, such preference reversals are often a product of the pervasive problem of "evaluability." Some important characteristics of options are difficult or impossible to assess in separate evaluation, and hence choosers disregard or downplay them; those characteristics are much easier to assess in joint...
Reputation in Negotiation
March 28, 2018
Time was when a Formica plaque could often be found on the desk of a certain type of negotiator. It said “Yea, when I walk through the Valley of the Shadow of Death I shall fear no evil, for I am the meanest son of a bitch in the valley.” But is it really to your advantage to have a reputation as one of the junkyard dogs of negotiation? The authors approach the question from three very different starting points. Tinsley summarizes the research on reputation in controlled settings. Schneider turns...
March 28, 2018
Time was when a Formica plaque could often be found on the desk of a certain type of negotiator. It said “Yea, when I walk through the Valley of the Shadow of Death I shall fear no evil, for I am the meanest son of a bitch in the valley.” But is it really to your advantage to have a reputation as one of the junkyard dogs of negotiation? The authors approach the question from three very different starting points. Tinsley summarizes the research on reputation in controlled settings. Schneider turns...
