Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Working With Len, James E. Westbrook
Working With Len, James E. Westbrook
Journal of Dispute Resolution
Len Riskin joined the MU faculty in 1984. Our faculty had voted in response to a recommendation of Dean Dale Whitman to begin a new emphasis on alternative dispute resolution. My recollection is that we had a group of very capable teachers with a traditional bent. On the other hand, they had an open mind about trying something new and they got along with each other very well. The kind of faculty we had and the leadership provided by Len, Dale Whitman and a few faculty members such as Tim Heinsz enabled us to do something that surprised a lot …
Building The Emotionally Learned Negotiator, Erin Ryan
Building The Emotionally Learned Negotiator, Erin Ryan
Erin Ryan
This essay reviews three recent books on the significance of emotion in negotiation and dispute resolution (Fisher & Shapiro: BEYOND REASON: USING EMOTIONS AS YOU NEGOTIATE; Peter Ladd: MEDIATION, CONCILIATION AND EMOTION: A PRACTITIONER’S GUIDE FOR UNDERSTANDING EMOTIONS IN DISPUTE RESOLUTION; and Lacey Smith: GET IT! STREET-SMART NEGOTIATION AT WORK: HOW EMOTIONS GET YOU WHAT YOU WANT), situating each work within a theory of practice for emotionally learned negotiators. After discussing the how the appearance of emotional sterility became synonymous with “professionalism” (and the toll this has taken on professional interaction), the piece sets forth a functional theory of emotion …
Reconciling Professional Legal Education With The Evolving (Trial-Less) Reality Of Legal Practice, Julie Macfarlane, John Manwaring
Reconciling Professional Legal Education With The Evolving (Trial-Less) Reality Of Legal Practice, Julie Macfarlane, John Manwaring
Journal of Dispute Resolution
Our focus in this paper is the impact of these trends on legal education, especially professional legal education. What is undeniable is that lawyers (and judges) are more and more involved in legal tasks which are not related to trials. This does not necessarily mean that the practice of law is focused exclusively on settlement activities, although such activities are increasingly important. Pre-trial processes and procedures including motions, discovery and mandatory settlement conferences take up more time than ever before. Lawyers are playing a different role, offering different kinds of service to their clients, and performing different tasks