By Stephen Ware, a law professor at KU, in Lawrence, Kansas.

Principles of Alternative Dispute Resolution

Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its fourth edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.

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Showing posts with label Noam Ebner. Show all posts
Showing posts with label Noam Ebner. Show all posts

Monday, July 14, 2014

Online Mediation and Online Arbitration

Teaching online dispute resolution through a simulation exercise by Noam Ebner of Creighton University School of Law's Werner Institute for Negotiation and Dispute Resolution. His abstract:

BeatleMania! is a simulation for studying and experiencing online dispute resolution. Two parties to an eBay transaction gone awry, regarding the sale of Beatles memorabilia, set out to resolve their differences with the assistance of a third party mediator.
This simulation is structured to allow communication to be conducted though any online medium selected jointly by the parties and mediators. In other words, the storyline supports this mediation being conducted via email, videoconferencing or other media. teachers can instruct students regarding use of specific media, if they prefer to focus on a particular medium.


Also, I recently learned about equibbly which advertises:

Avoid the Nightmare of Going to Court 

Have a former Court Judge decide your case online in under two weeks 

Save time and money. Using eQuibbly is quicker, cheaper and more convenient than going to small claims court to settle your dispute.

Tuesday, April 22, 2014

Good Tips for Negotiators, Especially Lawyers

When leading negotiation scholars are concise, they come up with nuggets of wisdom.  These are in the form of recipes for cooking up a deal and I particularly like:

“Having those who matter present”. Sanda Kaufman
 
“Knowledge of your counterpart, available remedies, relevant law and facts”. Nancy Welsh

“the heat is ultimately helpful, and you’re not the only one feeling it.” Noam Ebner 

“Add knowledge in increments (from listening to your counterparty and also doing
your own background research) till the remaining ignorance tastes acceptable.
Add in a small amount of doubt with each new proposal by the other party;
balance it with 1 part research and 1 part creative counter-offer.” Chris Honeyman

and Roy Lewicki’s entire entry:
· Figure out what you want
· Understand what would and could not be a mutually acceptable agreement
· Get to know and understand the other party
· Frame an opening statement
· Ask the other to reciprocate and listen to them carefully
· Ask each other lots of questions to assure understanding
· Work toward a common understanding
· Treat the other with respect and dignity


 
 
 

Wednesday, February 19, 2014

Assessing Students' Performance in Negotiation, Mediation, ADR

"Assessing Our Students, Assessing Ourselves" is a great resource for ADR teachers and also has insights for other teachers and those who train negotiators and mediators.  It is available here chapter by chapter in pdf form.

It's published by the Hamline School of Law Dispute Resolution Institute and contains the following chapters. 

1.  Introduction: Assessment as Mirror, Noam Ebner, James Coben & Christopher Honeyman 
2.  Evaluating Our Evaluation: Rethinking Student Assessment in Negotiation Courses, Noam Ebner, Yael Efron & Kimberlee K. Kovach 
3.  Pop Quiz: Do You Use This Evaluation Method?, Noam Ebner & Yael Efron 
4.  Reflective Journal Assignments in Teaching Negotiation, Bobbi McAdoo  
5  The Black Box of Student Evaluation: Course Participation, Noam Ebner & Yael Efron 
6. Using Recordings, Melissa Manwaring & Kimberlee Kovach
7.  Negotiating the Assessment Criteria, Joel Lee
8.  Interviews as an Assessment Tool, Boyd Fuller
9.  Simulation Design for Learning and Assessment, Noam Ebner & Daniel Druckman
10.  Empowerment and Recognition: Students Grade Each Other's Negotiation Outcomes, James Coben
11.  Making Reputation Salient: Using the Reputation Index with Law Students, Nancy A. Welsh
12.  Assessing the Adventure, Sharon Press, Noam Ebner & Lynn P. Cohen
13.  Evaluating Email Negotiations, Melissa Nelken
14.  Assessing Negotiation Competitions, Nuno Delicado, Horacio Falcão, Ellen Deason, Sharon Press, Shahla Ali, Eric Blanchot & Habib Chamoun-Nicolas
15.  A Competition Without Winners or Losers? The Ontogeny of a New Negotiation Event Format, Horacio Falcão
16.  A Benchmarking System for Assessment: An Experiment Creating More Transparency in Grading, Boyd Fuller & Sohni Kaur
17.  Portfolio Evaluation: Kaleidoscopic Insights Into Learning, Michelle LeBaron
Assessing Ourselves, Noam Ebner, James Coben & Christopher Honeyman