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Abstract:
This article argues that effective cross-cultural negotiations and dispute resolution requires an understanding of Cultural Dimension Interests (CDIs). The article reviews many of the cultural interests that impact negotiation and dispute resolution by: 1) specifically reviewing the cultural theories of Edward T. Hall, Geert Hofstede, Fons Trompenaars and Charles M. Hampden-Turner, and Richard D. Lewis, 2) considering country specific anecdotal accounts of national negotiating behaviors, and 3) reviewing some specific beliefs, behaviors, and practices that impact national negotiation styles and approaches. The 36 Chinese strategies are reviewed and applied to negotiations. This article focuses mainly on cross-cultural differences between American and Asian negotiation styles and behaviors.

Negotiation, mediation, culture, Hofstede, Geert Hofstede, cultural dimensions, Edward T. Hall, cultural stereotypes, 36 strategies, dance of negotiation, Hampden-Turner, Trompenaars, Richard D. Lewis

Abstract:
This article explores issues facing mediators in cross-cultural conflicts, offers suggestions for conducting cross-cultural mediations, and proposes a template of factors that mediators should consider when assisting parties in cross-cultural mediation. The factors will come largely from the research by social scientists anthropologists, particularly Edward T. Hall and Geert Hofstede, Some of the factors are comparable to negotiation interests, which have a basis in cultural differences, and are referred to as Cultural Dimension Interests (CDI’s). The recommended approach to cross-cultural mediation is: 1) Learn the cultural stereotypes about the culturally different parties who will come to the mediation, 2) Investigate the actual people involved, as well as the problem, 3) Be flexible and understand that the parties may well act differently than the stereotypes, and that the stereotypes still are useful in planning for the mediation, and 4) Use the approach to apply a variety of approaches in mediation based upon the Cultural Dimension Interests (CDI's) to resolve the dispute.

Negotiation, mediation, culture, Hofstede, cultural dimensions, Edward T. Hall, cultural stereotypes

Abstract:
This article was translated into Japanese by Akira Ishikawa. The article focuses on nonverbal communication in law. First, the article focuses on the most neglected part of nonverbal communication how to speak body language. Most of the previous legal writing about nonverbal communication has been about decoding (reading body language) and has neglected encoding. Second, the article shifts the focus of nonverbal communication from the courtroom to the law office and from jury selection to interviewing. Most lawyers never appear in court, and those that do seldom conduct trials. Therefore, the setting for this article will be not in the courtroom where lawyers do so little of their work, but rather the law office where all lawyers, litigators and non-litigators alike, meet with clients, witnesses, opponents, staff, and colleagues. Although this article emphasizes using nonverbal communication in interviewing, the same principles apply to any face-to-face communication such as taking depositions, negotiations, and courtroom advocacy.

non-verbal communication, law, courts, body language, interviewing, counseling, negotiation, advocacy, reading body language, speaking body language

Abstract:
This article focuses on nonverbal communication in law. First, the article focuses on the most neglected part of nonverbal communication how to speak body language. Most of the previous legal writing about nonverbal communication has been about decoding (reading body language) and has neglected encoding. Second, the article shifts the focus of nonverbal communication from the courtroom to the law office and from jury selection to interviewing. Most lawyers never appear in court, and those that do seldom conduct trials. Therefore, the setting for this article will be not in the courtroom where lawyers do so little of their work, but rather the law office where all lawyers, litigators and non-litigators alike, meet with clients, witnesses, opponents, staff, and colleagues. Although this article emphasizes using nonverbal communication in interviewing, the same principles apply to any face-to-face communication such as taking depositions, negotiations, and courtroom advocacy.

non-verbal communication, law, courts, body language, interviewing, counseling, negotiation, advocacy, reading body language, speaking body language

Abstract:
Alternative Dispute Resolution (ADR), including partnering, dispute review boards, mediation and arbitration, have become the primary ways of settling construction disputes in the United States. This article describes why mediation is used to resolve disputes and describes what the mediation process looks like. Mediation procedures and techniques may be quite different depending upon the style of the mediator (facilitative or evaluative) and the type of dispute (community or construction) being mediated. An evaluative style of mediation is used for construction disputes in the United States. The article discusses what mediation users want from mediators, the phases of development of ADR in the United States, as well as the costs of mediation. An appendix describes a model of mediation used for community disputes which can become the basis for understanding the evaluative approach to mediation used in construction disputes.

Alternative Dispute Resolution, ADR, mediation, courts, dispute review boards, construction disputes

Abstract:
This article was written for engineers and people in the construction industry in Japan and presented at the 3rd International Symposium on Infrastructure Management and Financing, Kyoto University, Kyoto Japan, August 31, 2003. It describes the history and use of alternative dispute resolution (ADR) in the United States generally, with particular emphasis on the use of ADR in the construction industry. There is no intent to suggest what should be done to solve construction disputes in Japan. The purpose is to describe American ADR and hope that this information will be both interesting and useful to those people interested in the construction industry in Japan and other countries. This paper makes a variety of points about ADR and the construction industry. A rather lengthy appendix provides an ADR resource and includes a short article about a basic mediation model used for community disputes, a short description of a construction mediation, a excerpt from an article describing mediator styles, a glossary (or set of definitions) of a wide variety of ADR processes, some sample ADR clauses for written contracts, and a few ADR web sites.

alternative dispute resolution, ADR, mediation, United States, construction, construction disputes

Abstract:
Active listening requires that an attorney listen carefully to his client’s story and respond in a way that makes the clients feel that he has been understood. As a result, the client is less likely to omit important facts or view the lawyer as a hostile interrogator. This article describes how lawyers can use active listening effectively in interviewing and counseling situations. The process includes using both discrimination and communication to focus on both facts and feelings. Active listening responses can be viewed from three perspectives - accuracy, intensity, and form.

active listening, empathy, rapport, clients, interviewing, counseling, law practice, paraphrasing, summarizing

Abstract:
This article presents some unique approaches used as part of an experiential learning approach to teaching negotiation, mediation, and ADR skills, with an emphasis on communication skills. Interested based negotiation is taught by using the Ugli Orange simulation and the roles for the simulation are included here. A transcript of the simulation is included. The communication skills of questioning and active listening are emphasized and presented through unique exercises which are included here. A way to teach participants to “talk like a mediator” is also presented. These teaching methods could be called “read-a-longs” and are sometimes referred to as a “Barkai-Chorus.” Unusual uses of optical illusions, cartoons, cartoon captioning contests, and how samurai philosophy can be linked to communication skills are also presented.

Negotiation, mediation, ADR, teaching, communication, questioning, active listening, cartoons, optical illusions, samurai, Barkai Chorus

Abstract:
This is a book review of Milton Heumann's book, Plea Bargaining: THe Experiences of Prosecutors, Judges, and Defense Attorneys. University of Chicago Press, 1978

Plea bargaining, pleas, criminal law, prosecutors, defense attorneys, judges

Abstract:
This article describes the 'Lecture-In-Disguise' and presents suggestions about how to use it in legal education, especially in clinical courses. The Lecture-In-Disguise is a team-teaching technique which uses a simulation by law professors to present class materials to students. A simulation is used in lieu of a more traditional classroom discussion. The form of the simulation can be a simple conversation between the professors, a verbal conflict, an interviewing or counseling session, a negotiation, a direct of cross examination, or almost any interaction. The Lecture-In-Disguise can simultaneously 1) teach a specific subject matter - the “lecture”, 2) present a demonstration of a professional skill – the 'disguise;' and 3) offer examples of strategy implementation, appropriate demeanor, and professional responsibility. The Lecture-In-Disguise creates a good learning atmosphere, presents materials on several different levels, and uses practical aspects of 'observational learning theory.' As far as can be determined, the author was the first to use it in legal education. Many others teaching teams have subsequently used this teaching method, especially in professional skills courses. Although the Lecture-In-Disguise is not a common teaching technique, it seen or heard everyday in television and radio advertising. Several examples of the Lecture-In-Disguise are presented in the article.

Lecture-In-Disguise, teaching, legal education, professional skills, direct examination, cross examination, interviewing, counseling, negotiation, conflicts, observational learning theory, co-teaching, team-teaching

Abstract:
This article is the transcription of the panel discussion held at the Alternative Dispute Resolution Section of the Association of American Law School’s 1994 annual meeting on the topic of “What Happens When Mediation is Institutionalized?” Panel members are James Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol Liebman, Sharon Press, and Leonard Riskin

ADR, alternative dispute resolution, mediation, institutionalization, courts

Abstract:
This is the second of a series of four articles describing the evaluation results for Hawaii’s mandatory Court-Annexed Arbitration Program (CAAP), a program with a jurisdictional limit $150,000, the highest jurisdictional limit of any state court-annexed arbitration program in the country. The Hawaii program is also unique because its primary goal is cost reduction for litigants, which is achieved through program features designed to limit pretrial discovery. The article begins with a discussion and literature review of pretrial delay, litigation costs, and lawyer’s fees, and then covers the goals, history, and a description of Hawaii’s arbitration program. Data collected for the evaluation are drawn from five sources: (1) a case record database maintained by the Arbitration Administrator; (2) surveys of lawyers and arbitrators, conducted after a case closes by settlement, award or dismissal, sampling cases in arbitration and in the comparison group; (3) surveys of lawyers conducted after an arbitration appeal is concluded; (4) a general survey of the lawyers most active in CAAP; and (5) interviews and focus group sessions with lawyers, arbitrators, insurance industry representatives and others involved in tort litigation. More than 1,000 cases have been surveyed. This article only reports on data from surveys from the arbitration cases and not the randomized control group because at the time this article was written, too few cases from the control group sample had terminated

The results reported here come from returned surveys from CAAP. The majority of lawyers and arbitrators reported that in the CAAP program discovery was voluntarily reduced and the reduction did not affect the outcome of the case. Discovery costs for the majority of lawyers surveyed were below $400, and for approximately 90% of settlements discovery costs were below $1,000. A little more than one-third of the awards had discovery costs in excess of $1,000. Hawaii's Court Annexed Arbitration Program appears to be meeting its goals of reducing litigant costs, increasing pace, and maintaining the satisfaction of participants. CAAP is delivering arbitration largely within the time frame prescribed by its rules, and is doing so to the satisfaction of the majority of lawyers.

Arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

Abstract:
This article describes a systematicallly designed training program intended to assist lawyers and law students in developing empathic communication skills that will facilitate initial rapport between them and their clients. Most people would describe these skills as 'active listening' or 'empathy statements.' The program empirically demonstrates that with only four hours of training lawyers and law students can learn to respond empathetically to clients. The article also advances arguments that explain why empathetic responses are important for lawyers, and reviews the literature on empathy training in other disciplines.

active listening, empathy, empathy statements, training, communication skills, rapport building

Abstract:
Active listening is an effective, easily learned skill for improving interviews with clients. When using the technique, the lawyer reflects back to the client what the client has said. Used effectively, active listening will enable lawyers to discover more facts in interviews, prepare stronger cases, and build better rapport with clients. Active listening will encourage clients to discuss critical facts and emotions at an early stage in the case that might not be discovered with other techniques. An effective active listener must respond with accuracy and intensity, both to the content of what is said in the emotion with which it is expressed. Attorneys who are active listener's can assure their clients that they understand the facts, feelings, and issues raised by their case. This article describes how lawyers can use active listening effectively.

active listening, empathy, rapport, clients, interviewing, law practice

Abstract:
Using a mediation training conducted in Kosrae, in the Federated States of Micronesia, as a backdrop, this paper describes an approach to cross-cultural teaching and training. The articles not only details the methods used, but also describes some of the many errors that were made by the trainers. This training experience in Micronesia, teaching full-time for one semester at City Poly-technic University in Hong Kong, and conducting trainings and making presentations about negotiations and alternative dispute resolution (ADR) in many other countries, as well as the opportunity to teach many negotiation and ADR courses in Hawaii for non-native speakers of English, strongly influenced the author's perspective on cross-cultural teaching and training.

mediation, training, cross-cultural, negotiation, teaching, ADR, alternative dispute resolution

Abstract:
This is the first of a series of four articles describing the evaluation results for Hawaii’s mandatory Court-Annexed Arbitration Program (CAAP), a program with a jurisdictional limit $150,000 – the highest jurisdictional limit of any state arbitration program. This article reviews court-annexed arbitration programs across the country, discusses pretrial delay and the high cost of litigation with a focus on pretrial discovery and lawyers’ fees, describes the Hawaii Court-Annexed Arbitration Program in detail, and then presents and interprets data taken from court records and lawyer surveys about the program. A randomized control group of cases not placed in the CAAP was used for comparison. This article only reports on data from surveys from the arbitration cases and not the control group. At the time this article was written, too few cases from the control group sample had terminated and been surveyed to provide sufficient comparison. In addition, this article only reports on arbitration cases that entered CAAP in the first phase of the program when the jurisdictional limit was $50,000 and cases only entered the program when one of the parties requested that the case be placed in CAAP. Later, CAAP rules were amended to require that all cases with a probable jury award of up to $150,000 be placed into the program. The results reported here come from 268 returned surveys from CAAP. The majority of lawyers and arbitrators believed that in the CAAP program 1) discovery was reduced, 2) the discovery reduction did not affect the outcome, 3) costs of litigation were reduced, 4) the pace of litigation was increased, and 5) the lawyers were satisfied with the program.

arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

Abstract:
In 1986, Vietnam adopted a 'Doi Moi' ('new thinking') policy designed to encourage foreign investment, but U.S. trade embargos and sanctions stayed in place until 1994, effectively keeping U.S. investment out of Vietnam. Now, with embargos and sanctions lifted, Americans may be able to participate in the development of Vietnam if they can understand how to negotiate and pursue their objectives in a way consistent with Vietnamese values and customs.

Vietnam, investment, negotiations, Doi Moi, embargo, sanction, customs

Abstract:
This is the fourth and final article of a series of four articles describing the evaluation results for Hawaii’s mandatory Court-Annexed Arbitration Program (CAAP), a program with a jurisdictional limit $150,000, much higher than most other state programs. This evaluation examines the effectiveness of Hawaii's Court Annexed Arbitration Program (CAAP), which is a mandatory, non-binding procedure for tort cases valued at $150,000 or less. The major goals of the program are to reduce litigant costs, reduce time to disposition, and improve or maintain the level of satisfaction for litigants and attorneys. Hawaii's Court-Annexed Arbitration Program has reduced pretrial discovery; reduced litigation costs for private litigants, increased the pace of litigation, provided litigants with a fair, just, and satisfactory 'day-in-court,' encouraged early and less expensive settlements, increased the percentage of cases that terminate each year, and may have reduced the number of trials. Through comparison of cases randomly assigned to CAAP to those cases that went through traditional litigation, the study found that under the arbitration program, the average plaintiff saves $496 in discovery expenses, and the average defendant saves $266. Lawyers' fees are on average $159 less per defendant whose case is sent to arbitration. CAAP cases also experience quicker disposition times, reaching disposition almost four months earlier than non-CAAP cases. Most lawyers who participated in the program were satisfied with the program and with the arbitrators.

arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

Abstract:
This article explains how lawyers can use sensory based language to be more effective in the legal practice when working with clients, witnesses, and jurors. Most people use language to communicate in either a visual, auditory, or kinesthetic modality, or what is called a “representational system.” By carefully listening to the speaker’s language and observing the movements of the speaker’s eyes, the listener can determine the speaker’s preferred representational system and respond back to the speaker in ways to uncover more information and develop rapport. Some of the concepts discussed in this article are based upon what is called “neuro-linguistic programming” or NLP.

Communication, communication skills, legal communication, lawyer, sensory based language, rapport, rapport building, law, legal, representational systems, representational language, hypnosis, meta model, visual, auditory, kinesthetic, eye movements, sensory channels, predicates, NLP, Neuro-linguisti

Abstract:
This article describes the use of for combining electronic mail ("e-mail") negotiations with English for Special Purposes ("ESP") teaching to teach business English, the history and rationale for using electronic mail to teach negotiations, and the methods of linking students in different countries by electronic mail.

electronic mail, e-mail, negotiations, international negotiations, english as a second language, ESL, english for specific purposes, ESP

Abstract:
This article describes the use of e-mail to conduct negotiations between students in Hawaii and England.

Negotiations, e-mail, international negotiations, computer negotiations

Abstract:
This article was written for judges and court policy makers and describes research on data from over 3,000 Hawaii circuit court civil cases terminated in 1996 and information from more than 400 surveys from lawyers who represented parties in those cases to discover the pattern of non-trial dispositions, settlements, and trials in Hawaii courts. Information is presented about the docket, the types of cases, the pattern of filings, the number of trials, the types of pretrial dispositions other than settlement, the settlement patterns, the lawyers satisfaction with the settlements, the types of negotiations that took place, the use of alternative dispute resolution (ADR) methods, events impacting settlements, the frequency of judicial assistance with settlements through court-scheduled settlement conferences, the disposition time, the amount of pretrial discovery, and the demographics of the lawyers.

Court settlements, civil cases, litigation, empirical data, non-trial dispositions, settlements, docket, law suits, litigation, filings, trials, pretrial dispositions, settlement patterns, lawyers, satisfaction, negotiation, law, types of negotiations, alternative dispute resolution, ADR, the frequ

Abstract:
Although it is often said that 90% or more of cases filed in court are settled before trial, there is no empirical data that proves that statement. The research described in this article used data from over 3,000 Hawaii circuit court civil cases terminated in 1996 and information from more than 400 surveys from lawyers who represented parties in those cases to discover the pattern of non-trial dispositions, settlements, and trials in Hawaii courts. The vast majority of civil lawsuits that are not resolved by trial were the subject of this research. Information is presented about the docket, the types of cases, the pattern of filings, the number of trials, the types of pretrial dispositions other than settlement, the settlement patterns, the lawyers satisfaction with the settlements, the types of negotiations that took place, the use of alternative dispute resolution (ADR) methods, events impacting settlements, the frequency of judicial assistance with settlements through court-scheduled settlement conferences, the disposition time, the amount of pretrial discovery, and the demographics of the lawyers. The research found that between 84% and 20% of cases settled, depending upon the type of case. The survey questionnaire with the raw data appears in the appendix.

Court settlements, civil cases, litigation, empirical data, non-trial dispositions, settlements, docket, law suits, litigation, filings, trials, pretrial dispositions, settlement patterns, lawyers, satisfaction, negotiation, law, types of negotiations, alternative dispute resolution, ADR, the frequ

Abstract:
This article describe community mediation in the United States and further describes the teaching of this style of mediation to Japanese law students, law faculty, and lawyers (bengoshi) in Japan.

mediation, bengoshi, Japan, community mediation, mediation training

Abstract:
Because mediation has become one of the major ways to resolves disputes, there is a great interest in the training of mediators. This paper first describes mediation and then discusses mediation training by answering questions such as: What kinds of conflicts can be mediated? Who can and should become a mediator? Do you need to be a lawyer to be a mediator? Can non-lawyers be good mediators? Where can people learn more about mediation? Is mediation training necessary? What would be included in mediation training? Where to go to take mediation training? What does it mean to be a “certified” as a mediator? How do you get hired as a mediator? This paper was presented at the Second International Conference for Construction Law and Economics Circle in Asia and Pacific (CLECAP) which was held in conjunction with the Fifth International Conference on Multi-national Joint Venture for Construction Works and the Inaugural Conference on Construction in the Muslim World Oct. 21-23, 2009 in Kuala Lumpur, Malaysia.

mediation, alternative dispute resolution (ADR), education, training, certification

Abstract:
An overview of the Hawaii's Court-Annexed Arbitration Program for tort cases and evaluation results.

Court-annexed arbitration, ADR, alternative dispute resolution, courts

Abstract:
This article discusses the development of and rationale for the accuracy inquiry for guilty pleas in criminal cases. The article proposes that an accuracy inquiry be extended to all felony and misdemeanor guilty pleas in state and federal courts. A standard for the accuracy inquiry is proposed.

guilty plea, accuracy inquiry, criminal law, criminal procedure, courts, no contest plea, nolo contendere, Federal Rule of Criminal Procedure 11

Abstract:
This article describes a basic, community mediation model used to resolve conflicts and disputes. The model is a visual model and consists of two triangles (the forum and negotiation stages) which when placed together (bottom to bottom) create a triangle. Sometimes this mediation model is referred to as the NJC Triangle model (NJC is an abbreviation for Neighborhood Justice Center, which was an earlier name for the current community mediation program in Honolulu). This visual model was developed in Hawaii by Professor David Chandler of the University of Hawaii Sociology Department. Although sometimes called the "Hawaii Mediation Model," this mediation model does not claim to be derived from Native Hawaiian culture. Professor Chandler and the author Professor John Barkai were both part of the first group of people trained as mediators in Hawaii in 1979 for what was then called the Makiki Neighborhood Justice Center.

Mediation, community mediation, facilitative mediation, teaching mediation, mediation model, courts, disputes, conflicts

Abstract:
The lower criminal courts in this country have failed to create even the illusion of fairness. Despite over half a century of criticism and proposals, remarkably little in the way of their day-to-day operation has changed. This article reviews the ebb and flow of lower criminal court reform sentiment, looks at the dichotomy between judicial theory and practice in these courts by focusing on the right to counsel issues from a “ground-floor” level, and critiques a movement to reform these courts by applying alternative dispute methods such as the “Cheyenne Way” or “popular tribunals” such as are used in Cuba.

Lower criminal courts, court reform movement, assembly-line justice, Herbert Packer, Roscoe Pound, Karl Llewellyn, John Griffiths, right to counsel, sixth amendment, Argersinger, alternative dispute resolution, ADR, Cuba, Cuban Popular Tribunals, family model, Cheyenne Way, mediation

Abstract:
The paper describes the use of electronic mail to conduct e-mail negotiations between law students in different countries. The negotiation project was initiated between students at the University of Hawaii School of Law and students studying at the University of Warwick in England. Other law schools in Australia and Canada later joined the project.

Electronic mail, e-mail, negotiations, international negotiations, law school, ADR, alternative dispute resolution, teaching, cross-cultural, cross-cultural negotiations

Abstract:
This article presents a model for improving oral legal communication. The discussion demonstrates how human beings create sensory-based models of the parts of the world they experience, and how these models affect the communication process. The three principal sensory-based channels of communication (visual, auditory, and kinesthetic) are described, and the article explains how both the knowledge and use of these channels can improve the rapport and information functions of legal communication. Emphasis is placed on the lawyer’s ability to recognize the world model of the people with whom he communicates and to adapt his own process of communication to ensure that he is communicating clearly with all parties involved. A lawyer’s communication should very depending upon whether the communication is with an individual or a group. The article concludes by showing how these principles of communication may be used in the preparation and trial of a legal case.

Communication, communication skills, sensory based language, legal communication, lawyer, rapport, rapport building, law, legal, representational systems, representational language, hypnosis, meta model, visual, auditory, kinesthetic, eye movements, sensory channels, predicates, NLP, Neuro-linguisti

Abstract:
This is the third of a series of four articles describing the evaluation results for Hawaii’s mandatory Court-Annexed Arbitration Program (CAAP), a program with a $150,000 jurisdictional limit. The article reports on survey data from over 600 returned surveys from lawyers in CAAP cases. The evaluation was focused on the litigation costs, pace of litigation and satisfaction of the participants because these factors reflect the goals of CAAP. The survey results might be very useful for other states considering using an arbitration program with a high jurisdictional limit. The article reports on lawyers’ opinions about pretrial discovery reduction, discovery costs, the pace of litigation, satisfaction with the program, arbitrator workload, arbitrator fairness, case value and complexity, and looks at differences in lawyers’ opinions depending upon whether the lawyers used contingency or hourly fees. Because most court-annexed arbitration program have much lower jurisdictional limits, the article also examines the survey results by case value – looking responses for cases valued up to $15,000, from $15,001 to $50,000, and at $50,001 and above.

arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

Abstract:
This paper presents an overview of the use of character evidence in trials, with special emphasis on"bad acts," "prior bad acts," and impeachment. There is a focus on using motions in limine to limit the use of character evidence at trial. Federal Rules of Evidence (FRE) 401-403, 404, 405, 406, 412, 413, 414, 415, 608, and 609 have particular relevance.

character evidence, trials, federal rules of evidence, bad acts, prior bad acts, motion in limine. relevance, impeachment

Abstract:
The following is a PowerPoint presentation about the 36 Chinese Strategies as applied to negotiations that I have used many times. You can find more about this subject in, John Barkai, 'Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution,' (8 Pepp. Disp. Resol. L.J. 403 (2007-2008)). I was first introduced to the 36 Chinese Strategies in the late 1980s when my former student, Laurence Brahm - who has been a lawyer, global activist, international mediator, political, columnist, and author in Hong Kong and China since 1987 – wrote a paper for my negotiations class about the 36 Chinese Strategies. Later, Laurence turned the paper into a book called, Negotiating in China: 36 Strategies (1996). Just about anyone who has 'grown up Chinese' (meaning that they have grown up in a Chinese home that respects and teaches Chinese traditions and values) knows these 36 Strategies. It does not matter whether they grew up in The People’s Republic of China (PRC), The Republic of China (Taiwan); Singapore, Vancouver, San Francisco, Honolulu, or anywhere else. People who 'grew up Chinese' know these strategies. People who negotiate with Chinese (or anyone else) should also know these strategies. For further information on the 36 Strategies, See, Laurence J. Brahm, Negotiating in China: 36 Strategies (1996); Chin-Ning Chu, The Chinese Mind Game (1988) (describing thirty-two of the thirty-six strategies); Chin-Ning Chu, The Asian Mind Game: Unlocking the Hidden Agenda of the Asian Business Culture – A Westerner’s Survival Manual (1991) (describing all thirty-six strategies); Tony Fang, Chinese Business Negotiation Styles, (1999); or, simply 'Google' the phrase '36 Strategies.'

36 strategies, negotiation, Chinese, China, cross-cultural negotiation, Sun Tsu