The University of Colorado at Boulder Law School

Tenured and Tenure-Track Faculty
Scott R. Peppet

University of Colorado Law School
420 Wolf Law Building
401 UCB
Boulder, CO  80309-0401
Phone: (303) 735-0818
E-mail: scott.peppet@colorado.edu

Curriculum Vitae:  View (PDF format)

Bio:
Scott Peppet’s scholarship focuses on the role and function of different kinds of intermediaries in solving legal and economic information and incentive problems. His most recent scholarship focuses on informational privacy and the ways in which structural changes to information architecture (particularly, the introduction of information intermediaries) are changing information asymmetries in modern markets (Smart Mortgages, Privacy and the Regulatory Possibility of Infomediation, forthcoming; The Google Privilege, forthcoming; The Personal Prospectus and the Future of Privacy, forthcoming; The Identity Economy and the Future of Freedom of Contract, forthcoming). In addition, he has written about bargaining strategy and overcoming the basic information asymmetries in negotiation (Beyond Winning: Negotiating to Create Value in Deals and Disputes, Harvard University Press, 2000); deal mediation and how this could solve certain transactional information problems (Contract Formation in Imperfect Markets: Should We Use Mediators in Deals?, awarded best academic article on dispute resolution by the CPR Institute in 2004); and the information and incentive advantages of the collaborative law process (The Ethics of Collaborative Law, 2008). Similarly, he has explored the incentives effects of different mediator compensation arrangements (Contractarian Economics and Mediation Ethics: The Case for Contingent Fee Mediation, 2003); and the signaling possibilities of treating the legal ethics rules as a contractual device for overcoming information asymmetries (Lawyer’s Bargaining Ethics, Contract, and Collaboration, 2005). Peppet joined the faculty of the University of Colorado Law School in 2000. Prior to joining Colorado Law he taught as a Lecturer on Law at Harvard Law School and was a Senior Fellow at the Harvard Negotiation Research Project. In 2002, CU students honored him with their Excellence in Teaching Award.

Forthcoming

Articles

The (New) Ethics of Collaborative Law, 14 Disp. Resol. Mag. 23-27 Winter (2008).

The Ethics of Collaborative Law, 2008 J. Disp. Resol. 131 (Symposium: Innovative Models of Lawyering) (2008).

Updating Our Understanding of the Role of Lawyers: Lessons from MasterCard, 12 Harv. Negot. L. Rev. 175 (symposium) (2007).

Colorado Ethics Opinion 115: Next Steps for Colorado’s Collaborative Lawyers, Colo. Law., Sept. 2007, at 37 (2007).

Peppet (with Michael Moffitt), Learning How To Learn To Negotiate, in Schneider & Honeyman (eds.), The Negotiator's Fieldbook (2006). This chapter is for everyone who ever wondered if they could really implement all the new negotiation ideas they have read. By analyzing research on how we can learn to learn, the authors of this chapter provide specific advice to nego-tiators and negotiation trainers. abstract

Lawyers' Bargaining Ethics, Contract, and Collaboration: The End of the Legal Profession and the Beginning of Professional Pluralism, 90 Iowa L. Rev. 475 (2005). This Article combines contractarian economics and traditional ethical theory to argue for a radical revision of the legal profession's codes of ethics. That revision would end the legal profession as we know it?one profession, regulated by one set of ethical rules that apply to all lawyers regardless of circumstance. It would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This "contract model" of legal ethics, in which lawyers could opt in and out of various ethical constraints, would lead to greater efficiencies, greater satisfaction for attorneys and clients, and greater vitality for the legal profession. abstract

Peppet (with Bruce Patton & Michele Gravelle), Enlightened Power Through Difficult Conversation, in Enlightened Power: How Women Are Transforming the Practice of Leadership 267 (Linda Coughlin et al. eds., 2005) (2005).

Six Principles for Using Negotiating Agents to Maximum Advantage, in The Handbook of Dispute Resolution 189 (Michael L. Moffitt & Robert C. Bordone eds., 2005) (2005).

Action Science and Negotiation, 87 Marquette L. Rev. 648 (symposium) (2004).

ADR Ethics: Enlarging the Canon, 54 Journal of Legal Education 72 (2004).

Contract Formation in Imperfect Markets: Should We Use Mediators in Deals?, 19 Ohio St. J. Disp. Resol. 283 (2004). This Article asks a simple question: Could third-party mediators be helpful in deals, just as they are in disputes? This Article makes a theoretical argument for such interventions, but also presents preliminary empirical evidence suggesting that transactional mediation may already be taking place. abstract

Mindfulness in the Law and Alternative Dispute Resolution, in What’s Fair: Ethics for Negotiators 440 (Carrie Menkel-Meadow & Michael Wheeler eds., Jossey-Bass 2004) (2004).

Contractarian Economics and Mediation Ethics: The Case for Customizing Neutrality Through Contingent Fee Mediation, 82 Texas L. Rev. 227 (2003).

Transactional Mediation: Using Mediators in Deals, 32 Colorado Lawyer 81 (October) (2003). This short version of a longer academic article on transactional mediation presents the main argument that mediators may sometimes be useful in closing contracts, just as they are in settling disputes. abstract

Teaching Negotiation Using Web-Based Streaming Video, Neg. J. 271 (July) (2002).

Can Saints Negotiate? An Introduction to the Problems of Perfect Ethics in Bargaining, 7 Harv. Neg. L. Rev. 83 (2002). This piece, presented at a symposium on "mindfulness" in legal practice, asks whether mindfulness practices square with partisanship. More generally, the piece investigates the question of whether two "saints" can have anything to negotiate. This question is of particular relevance to debate over the meaning of zealous advocacy in legal ethics, as often pracitioners ask whether under a regime of full disclosure and honest practice they would have anything left to do. abstract

Peppet (with Robert Mnookin & Andrew Tulumello), The Tension Between Empathy and Assertiveness,, 12 Neg. J. 217 (1996).

Note: In-Kind Class Action Settlements, 109 Harv. L. Rev. 810 (1996).

Case Comment: Mastrobuono v. Shearson Lehman Hutton, Inc., 109 Harv. L. Rev. 269 (1995).

Published Books

Peppet (with Alan Rau & Ed Sherman), Processes of Dispute Resolution: The Role of Lawyers (4th ed.) (2006).

Peppet (with Alan Scott Rau & Edward F. Sherman), Arbitration, (3d ed.) (2006).

Peppet (with Alan Scott Rau & Edward F. Sherman), Mediation and Other Non-binding ADR Processes, (3d ed.) (2006).

Peppet (with Alan Scott Rau & Edward F. Sherman), Negotiation, (3d ed.) (2006).

Peppet (with Alan Rau & Ed Sherman), Processes of Dispute Resolution: The Role of Lawyers (3d ed.) (2001).

Peppet (with Robert Mnookin & Andrew Tulumello), Beyond Winning: Negotiating To Create Value in Deals and Disputes (2000). <i>Beyond Winning</i> is the leading scholarly work on the complexities of legal negotiation. Awarded the CPR Institute for Dispute Resolution Book Prize in 2000, <i>Beyond Winning</i> has been widely recognized for its contribution to the field. It offers a step-by-step guide to conflict resolution, and describes the many obstacles that can derail a legal negotiation, both behind the bargaining table with one's own client and across the table with the other side. abstract

Courses: