Negotiation& ADR Prof. John BarkaiWilliam S. Richardson School of LawUniversity of Hawaii
Inside the Heads of my Negotiation Students By John Barkai
Negotiation & ADR are Professional and Personal Skills
Handling of Problems Asian Western - American designed by Liu Young
www2.hawaii.edu/~barkai Google: John Barkai
Dragon Naturally Speaking “Premium” edition - $145 Amazon Academic pricing $100 Various microphone options
Not everyone can be a great chef But, everyone can learn to cook
“Even a sheet of paper has two sides” Japanese Proverb
“Every coinhas two sides” Proverb
I’ve got it again Larry. An eerie feeling like there is something on top of the bed.
"Then it's agreed. Watson, Smith, Teller, and Wilson go to Heaven; Jones, Paducci, and Horner go to Hell; and Fenton and Miller go to arbitration.
After taking this course A recent student said …
After taking this course My girl friend is like a changed woman
After taking this course My girl friend is like a changed woman (because she thinks I'm a changed man)
Common Forms of Dispute Resolutions • Negotiation: • Discussion for the purpose of settling differences. • Mediation - Conciliation: • A neutral third party assists the parties to reach a negotiated settlement but has no power to decide the issues in dispute. • Arbitration: • A neutral third party is given the power to decide the issues in conflict. The arbitrator decides after hearing arguments and reviewing evidence. • Trial in Court: • Evidence is presented to a judge or jury for a decision under formal rules of law and procedure
ADR Alternative Dispute Resolution
HOW DO YOU SAY “ADR”? Compiles by Professor John Barkai and students from the University of Hawaii’s JEMBA Program (Japan Focused Executive MBA) and JAIMS’ (Japan American Institute for Management Science) Intercultural Negotiations class.
Over106 Million CasesFiled in Federal and State Courtsin 2010Source: Examining the Work of State Courts, 2010 http://www.ncsconline.org/d_research/csp/CSP_Main_Page.html A 2% decrease over prior year
104 MillionU.S. State Court Cases56 Traffic 20 Criminal19 Civil 6 Domestic 2 JuvenileSource: Examining the Work of State Courts, 2010
Hawaii Civil Cases7,013 Filed4,007 Terminated Circuit Court 2011-2012
15 Jury Trials53 Non-Jury Trials Circuit Court Civil Cases in Hawaii 2011-2012
Jury Trials 1 Contract Trials12 Tort Trials3 Other” TrialsCircuit Court Civil Cases in Hawaii 2011-2012
161 Jury Trials 58 Non-Jury TrialsCircuit Court Criminal Cases in Hawaii 2011-2012
0.4 %Circuit CourtCivil Casesterminated in Hawaiiby jury trial2011-2012