Under the common law approach used in the United States, there is generally no duty to negotiate in good faith, and negotiators can exercise their BATNA power unless they decide to assume the good faith duty.
The full course will include pragmatic steps to help delegates towards being a practising mediator, with a carefully blended programme of theory and role playing to develop and apply all the relevant skills needed to be a successful mediator. CPD will be open to all with the additional development of the “CPD Club”, which provides member mediators with a variety of events tailored to achieve CMC CPD points to allow them to continue to practice under the CMC banner.
OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways. (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David Matz, and I wrote).
Two cases recently fit in one of my favorite categories: those awards that get “un-vacated.” These cases went through arbitration, had that arbitration award vacated by a district court, only to have the award later resurrected by an appellate court….
“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties. In that mediation I was asking for a joint session, but the judge still blocked us from doing one because the other side would not agree….
Forgiveness can help people restore themselves as morally acceptable members of society as seen by themselves and others.
Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?
In the second Guardians of the Galaxy movie, there is a character named Mantis who has the power to sense the emotional state of anyone she touches. She can’t read their thoughts, but she can read their feelings.
The US District Court for the Western District of New York pulled settlement week out of the dustbin to help clear some its back log in November 2017.
If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court. How does a state high court full of accomplished professionals, the cream of the legal crop in their state, respond after the U.S. Supreme Court has found their previous arbitration opinion was flawed….