Volume 23 – Spring
Spring 2018

A Modern-Day Pentagon Paper in a Post-Pentagon Papers World: A Case Study of Negotiations Between The Washington Post and the U.S. Government Regarding Publication of the 2009 Afghanistan AssessmentJonathan G. Odom

215

How Should the Courts Know Whether a Dispute is Ready and Suitable for Mediation? An Empirical Analysis of the Singapore Courts’ Referral of Civil Disputes of Mediation. Dorcas Quek Anderson, Eunice Chua, & Ngo Tra My

265

Fashioning an Effective Negotiation Style: Choosing Between Good Practices, Tactics, and TricksHal Abramson

319

The Sanctity of Party Autonomy and the Powers of Arbitrators to Determine the Applicable Law: The Quest for an Arbitral Equilibrium. Yeshnah D. Rampall & Ronán Feehily

345

A New Agreement to Mediate: Guidelines for Ethical Practice in the Digital SpaceAmanda First

405

Volume 23 – Fall
Fall 2017

Toward a More Modern Application of the “Nexus to the Workplace” Test: Arbitral Considerations in Off-Duty Employee Misconduct Cases. Daniel V. Johns 1
The Centrist Case for Enforcing Adhesive Arbitration Agreements. Stephen J. Ware 29
  Canine-Assisted Mediation. David A. Paul, Q.C. 123
The Irony of Mediator as Problem Maker: Mediator Misconduct Setting Aside Mediated Agreements. Fran L. Tetunic 177

Volume 22 – Spring
Spring 2017

When Ignorance Is Not Bliss: An Empirical Study of Litigants’ Awareness of Court-Sponsored Alternative Dispute Resolution Programs. Donna Shestowsky

189

Opening the Red Door to Chinese Arbitrations: An Empirical Analysis of CIETAC Cases 1990-2000. Pat K. Chew

241

Confidentiality and Transparency in International Commercial Arbitration: Finding the Right Balance. Avinash Poorooye & Ronán Feehily

275

Do Professional Ethics Make Negotiators Unethical? An Empirical Study with Scenarios of Divorce Settlement. Hiroharu Saito

325

 

Volume 22 – Fall
Fall 2016

Mandatory ADR Notice Requirements: Gender Themes and Intentionality in Policy Discourse. Becky L. Jacobs

1

The Continuing Voice of Dissent: Justice Thomas and the Federal Arbitration Act. Brian Farkas

33

Deflategate’s Labor Legacy: The Centrality of Grievance Procedures in Collective Bargaining Negotiations. Heather Scheiwe Kulp & Mario Cuttone

77

Understanding Actavis: How Courts Misinterpret FTC v. Actavis, Inc., and How to Get It Right. Bryan Gant

111

Modeling an International Investment Court After the World Trade Organization Dispute Settlement Body. Rebecca Lee Katz

163

 

Volume 21 – Spring
Spring 2016

Regulating Mediators. Art Hinshaw

163

Expanding Judicial Discretion: Between Legal and Conflict Considerations. Yuval Sinai & Michal Alberstein

221

Getting Deals Done: Enhancing Negotiation Theory and Practice Through a Therapeutic Jurisprudence/Comprehensive Law Mindset. Carol L. Zeiner

279


Volume 21 – Fall

Fall 2015

Improving Lawyers’ Judgment: Is Mediation Training De-Biasing? Douglas N. Frenkel & James H. Stark

1

Mediation and Access to Justice in Africa: Perspectives from Ghana. Jaqueline Nolan-Haley

59

User Protections in Online Dispute Resolution. Suzanne Van Arsdale

107

Strategizing the Two-Level Negotiation: How a Level I Negotiator Deals With a Level II Agitator. Shivan Sarin

143

 

Volume 20
Spring 2015

Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight. E. Gary Spitko

1

Standards of Legitimacy in Criminal Negotiations. Wesley MacNeil Oliver and Rishi Batra

61

Mindfulness in the Heat of Conflict: Taking STOCK. Leonard L. Riskin and Rachel Wohl

121

Med-Arb and the Legalization of Alternative Dispute Resolution. Brian A. Pappas, Ph.D.

157

Calling for Clarity: How Uncertainty Undermines the Legitimacy of the Dispute Resolution System Under the OECD Guidelines for Multinational Enterprises. Bernadette Maheandiran

205

Bargaining in the Shadow of the “Law?” —The Case of Same-Sex Divorce. Jeremy Feigenbaum

245

The Peculiar Case of the ARA Libertad: Provisional Measures and Prejudice to the Arbitral Tribunal’s Final Result. Thomas E. Robins

265

Online

“Behind-the-Table” Conflicts in the Failed Negotiation for a Referendum for the Independence of Catalonia: A Student Note by Oriol Valentí i Vidal

By Oriol Valentí i Vidal* Spain is facing its most profound constitutional crisis since democracy was restored in 1978. After years of escalating political conflict, the Catalan government announced it would organize an independence referendum on October 1, 2017, an outcome that the Spanish government vowed to block. This article represents, to the best ofRead more ->

1 comment

Power Imbalances in Mediation: A student note by Amrita Narine

By Amrita Narine* In recent years, mediation has become increasingly popular and now represents a viable option for parties in a variety of scenarios. Despite its rising popularity, mediation has received mixed responses because of the potential to entrench preexisting power imbalances. This paper will explore the usefulness of mediation when dealing with an imbalancedRead more ->

1 comment

“Son be a Dentist:” Restorative Justice and the Dalhousie Dental School Scandal by Annalise Acorn

The symposium on the theory and application of restorative justice held by the Harvard Negotiation Law Review in February prompted a renewed look at restorative justice not merely as a new method of achieving a familiar understanding of justice but as a new theory of justice itself.

0 comments
Sponsors

Flagship Sponsor
Program on Negotiation at Harvard Law School

Platinum Sponsor
Simpson Thacher & Bartlett LLP

Gold Sponsor
Eversheds Sutherland (US) LLP


Symposium
Make it Work: A Symposium on Designing Equality in the Legal Profession


HNLR Student Note Competition
The Harvard Negotiation Law Review (HNLR) invites you to participate in our inaugural student note competition. Entrants are invited to write about any topic related to Alternative Dispute Resolution, including negotiation, mediation, arbitration, dispute systems design, conciliation, restorative justice, and facilitation.