Politics

Hiro N. Aragaki: Things we know and think we know about Batna and Watna

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This will likely be of most interest to scholars writing in this area.  In the final analysis, I think John’s original complaint that we are using BATNA “wrong” may be better directed at WATNA.  I do think that many of us—myself included—have not been particularly clear about what we mean by WATNA, and in this sense may be using the term incorrectly.

Ben Davis: Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration

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As has been noted by Professor Stacie Strong, people should be very careful about drafting arbitration clauses.  They can lead to many complications in just getting the arbitration started. 

Mosten and Scully’s New Book on Unbundled Legal Services

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Unbundling goes by many names, including “limited scope legal services.”  Lawyers provide specified services to clients rather than “full service” representation.  It’s like ordering food à la carte instead of a fixed, seven-course meal.

Stone Soup: Takeaways from new Hampshire Mediation Training

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Recently, Susan Yates and I conducted mediation trainings on behalf of the United States District Court for the District of New Hampshire, the New Hampshire Judicial Branch Office of Mediation and Arbitration, and the University of New Hampshire, School of Law.

Gorillas in the mist

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Counting passes of a basketball. Sounds easy, doesn’t it? But there is a famous experiment which shows that many people get so engrossed in a simple task such as counting passes by a group of basketball players that they completely fail to notice the guy in the gorilla suit who walks through the room. 

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