Bargaining with the Devil, to Robert Mnookin, means negotiating with someone who has intentionally done harm and may well do so in the future: “an adversary whose behavior [one] may even see as evil.” 1 Should one negotiate with such a person or such a regime? Surprisingly, in this book, the Chair of Harvard’s Program on Negotiation argues that there are circumstances in which the wise decision is to fight the harm-doer rather than negotiate. But that decision, if it is truly wise, can be made only after a rigorous analysis of the situation. In this book Mnookin sets out a framework to help in that analysis and illustrates it by reference to eight case histories. The question posed by the book’s sub-title is stark: when to negotiate, when to fight?

A Review of Forrest S. Mosten, Collaborative Divorce Handbook* By Thomas D. Barton** Introduction Collaborate Divorce Handbook, by Forrest S. Mosten, delivers what its title suggests–a complete, point-by-point practical guide for lawyers wishing to learn about collaborative divorce techniques.  But this book also offers much more, and to a far broader readership.  It can inspire [...]

By Stephanie Singer Even though mediated settlements often have the force of law behind them, no party wants to have to go to court or return to the negotiating table to enforce an agreement.There are a number of steps a mediator can take to encourage parties to honor their commitments, both during the mediation session [...]

By Peenesh Shah* I. Introduction Under Section 7 of the Federal Arbitration Act, arbitrators are empowered to subpoena third parties. When a subpoenaed third party objects, however, courts are enlisted to resolve the objection—and, when appropriate, to enforce the subpoena. Should these courts allow arbitrators to manage such disputes at the outset, considering the objection [...]