From the monthly archives:

March 2008

Facing the dead in IraqIn poignant tribute to the U.S. service members who have lost their lives in the Iraq war, the New York Times has created a graphic that literally puts a face to the numbers who have perished.

Each face that appears is made up of many small squares, each representing another face. Click on any square to see another face appear, with information about that person displayed to the right. The squares are ordered by date of death, the most recent deaths appearing in the upper left corner of the image. You can also search by last name, home state, or home town.

(With thanks to ICT4Peace. Please read Sanjana Hattotuwa’s observations, including his thoughts on those who are missing from this moving depiction of the human cost of war.)

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Paternity testing with at-home kit by INDENTIGENEThis may ultimately create more disputes than it resolves, but the DNA testing laboratory INDENTIGENE is selling at-home paternity tests.

For only $29.99 (and $119 for the lab fee), you can find out once and for all who’s your daddy.

(Hat tip to Boing Boing Gadgets.)

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Questions result from settlement demand, convictionIn “Settlement Demands Have Their Risks,” Simple Justice reports that a New Hampshire jury found a recently admitted attorney guilty of theft by extortion for threatening to sue a hair salon over gender-based differences in prices of services and demanding payment of $1,000 to avoid a lawsuit. He apparently sent demand letters to approximately 19 salons in the Granite State. The attorney, who had claimed that the difference in pricing caused him stress and mental anguish (despite the fact that men were charged less than women), argued that the conviction violated his First Amendment rights and plans to appeal.

In considering the lawyer’s conviction, Simple Justice asks,

Where do we draw the line? People often feel the “lawyer letter,” that demand that you pay money “or else” or stop doing something “or else,” is extortionate. After all, the express threat is “pay me or pay to go to court and then pay me.” There’s certainly something extortionate there.

The question deepens when it’s no longer a matter of threatening to take someone to court if they don’t settle a claim, but when it reaches the point of becoming a crime. Does it turn on the lawyer’s good faith? Does it turn on whether the claim has a reasonable basis in law?

Bear in mind that there are claims brought to lawyers that ultimately turn out to be frivolous or baseless, but lawyers pursue them because they seem colorable at the time. There’s a huge difference between the claim being shot out of the water for being frivolous and the lawyer being convicted of a crime for pursuing it.

Well said. I agree that these are important questions to raise. However, my own line of inquiry differs, since this case leaves me uneasy for additional reasons. I have to wonder what this young lawyer was thinking. I am struck by his statement, reported in the Concord Monitor, about why he pursued this path:

Asked why he sent letters to salons instead of contacting the [New Hampshire Commission for Human Rights] directly, Hynes said lawyers often settle out of court.

“I believe it’s more appropriate to attempt as amicable a resolution as possible,” he said.

What did this lawyer learn in law school? What lessons did his professors impart of settlement and negotiation, of the resolution of disputes? Who taught him that such action, in a case like this, constitutes effort to effect an “amicable resolution”?

Ironically, had he involved the Commission for Human Rights, he might have had the opportunity to mediate his concerns. How sad that this ill-conceived attempt at settlement leaves no winners in its wake.

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Mediate.comIssue #215 of the Mediate.com newsletter is now available.

Highlights include “Ten Questions on Leadership for Hillary Clinton, John McCain and Barack Obama“, “Sincere Opening Statements Bring Best Mediation Results“, and “Film Review: “John Adams” – The Reluctant Revolutionary and the Negotiation of the Declaration of Independence. There’s also a round-up of great blog posts.

To subscribe to the Mediate.com newsletter, go to the Mediate.com web site, scroll down to the subscription widget in the left sidebar, and enter your email address to get the latest news and ideas affecting the ADR field delivered to your inbox weekly.

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worldinternetconnectI’ve just added two new blogs to the World Directory of ADR Blogs, my ongoing project to track and catalog ADR and negotiation blogs around the globe. Allow me to introduce them to you:

  • Arabulucu Blog, a Turkish language blog, bears the distinction of being Turkey’s first and only blog about mediation and negotiation. It is published by mediator Samil Demir, who is based in Ankara.
  • dominique.lopez-eychenie is the eponymous blog of French lawyer and mediator Dominique Lopez-Eychenie who practices in Lille. In addition to her many other professional accomplishments, Dominique is the Vice President and founding member of Nord Mediation. She blogs about mediation, negotiation, alternative dispute resolution, and collaborative law.

I’d like to wish both these bloggers the best of success and to offer them a warm welcome to the ADR blogosphere.

I’m always on the look-out for blogs to add to the World Directory. If you publish or know of a blog that you’d like me to add, please let me know. It’s a commercial-free site, and there is no cost to be listed. The Directory has information on submitting your blog and some simple submission guidelines.

(With thanks to Negotiation Guru Jens Thang for kindly introducing me to Dominique and her blog.)

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Technolawyer hosts Blawg Review #152

March 25, 2008 Blawg Review

Technolawyer (“all the legal technology and practice management news that’s fit to blog”) hosts Blawg Review #152, the weekly review of the best in legal blogging.
Highlights of this week’s Blawg Review include the most shocking court transcript of the year starring a bad-ass court reporter, pointers on strong marketing in a weak economy, and the [...]

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Ask For It: a book, a blog, and online resources for women leveraging the power of negotiation

March 24, 2008 Blogs and Bloggers

Five years ago Linda Babcock and Sara Laschever published Women Don’t Ask, a book that ripped the lid off of one of negotiation’s most intractable problems: the challenges that women face in negotiating successfully. They examined the barriers — institutional, cultural, and social — that hold women back and provided strategies to help [...]

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Seeing Is Believing: blog invites reflection on images in the media

March 21, 2008 Cool Stuff on the Web

On television, on the glossy pages of magazines, on the billboards we speed past, images fill our visual landscape.
But what effect do the images that appear in the media have on us? How do they influence our judgments, our economic choices, and our assumptions about ourselves and each other? To what extent do they hold [...]

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Make new friends by celebrating World Pillow Fight Day

March 21, 2008 Global and Cultural Awareness

Far be it from me, a mediator, to encourage conflict, but this sounds like good, clean, wacky fun.
On Saturday, March 22, people will be gathering in cities all around the world (including my own, Boston, in Copley Square) to take part in a pillow fight in honor of International Pillow Fight Day. Instructions and [...]

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What pop culture references inspire you as a mediator?

March 21, 2008 Mediation

Straight from the folks who got me wondering what would be on your mediator’s playlist comes another question suitable for a Friday: “Besides ‘Animal House’, What Pop Culture References Inspire You?”
I’d like to ask the same thing of mediators and negotiators: what pop culture references inspire you?
The haggling scene from “Life of Brian”?
The conflict resolution [...]

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