Hi all–just a quick follow up to circle back on my proposal to have my 70 students negotiate the parameters of their ADR class. I posted here on that proposal (and have written here about the idea). So…drumroll please…it was great! They all negotiated and the group reached agreement. Here are the benefits I’ve seen so far: First, they have all bought into the on-call system (which ended up being on-call with notice) and that makes me much more comfortable to use it. Second, even though they all wanted laptops (as many of you warned me), because of the debate, they did discuss the downsides. So then, when I banned them as I could per the rules (I retained a veto over one of three decisions), they understood for themselves why I was doing that. Finally, watching others negotiate for them was a great frame for the next chapter on the role of a lawyer as problem-solver. It gave actual experience to the idea of an agent negotiating on your own behalf, potential concerns and tensions with that, as well as the advantages of having an agent. Completely worthwhile and will now make this a first-day-of-class standard. Thanks to those of you, and Cynthia Alkon in particular, who pushed doing this!
From Diane Cohen's BlogOne of the things I love about mediation, is the way it so often helps parties agree to things they really want, but somehow felt they shouldn’t...By Diane Cohen