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Insights From Cognitive Psychology, Chris Guthrie
Insights From Cognitive Psychology, Chris Guthrie
Vanderbilt Law School Faculty Publications
My goal in this paper is to explore cognitive psychology's place in the dispute resolution field. To do so, I first look back and then look forward. Looking back, I identify the five insights from cognitive psychology that have had the biggest impact on my own dispute resolution teaching and scholarship. Looking forward, I identify my five hopes for the future of cognitive psychology in the dispute resolution field.
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Chris Guthrie
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Chris Guthrie
Vanderbilt Law School Faculty Publications
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based on his …
Understanding Settlement In Damages (And Beyond), Chris Guthrie
Understanding Settlement In Damages (And Beyond), Chris Guthrie
Vanderbilt Law School Faculty Publications
For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, "[s]ettlement is where the action is." Roughly two-thirds of all cases settle (and most of the rest are resolved through motions). Why do most cases settle? Given the costs, delay, and unpleasantness of the litigation process, why do any cases go to trial? To address these questions--that is, to explain why most cases settle as well as why some cases "fail" to settle and result in trial--legal academics …