Lead Article

    New Perspectives in Negotiation: A Therapeutic Jurisprudence Approach

    By Andrew F. Amendola*
    I. Introduction
    The field of law is experiencing a gradual evolutionary movement, as practitioners eschew the traditional adversarial approach in favor of cooperative methods which produce more beneficial, integrative outcomes.  Recently, interdisciplinary collaborations between the fields of law and social science have endeavored not only to optimize substantive outcomes, but also to create [...]

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    About HNLR

    Approximately 30% of our articles deal with negotiation, 30% with mediation, 15% with arbitration, and 25% with other dispute-resolution topics such as dispute systems design and court-annexed procedures.
    Our most cited articles include Leonard Riskin’s seminal article “Understanding Mediators’ Orientations, Strategies and Techniques: A Grid for the Perplexed” and Kimberlee Kovach and Lela Love’s response to Riskin’s article, “Mapping Mediation: The Risks of Riskin’s Grid.”

    HNLR articles have also received several awards. I. Glenn Cohen received the CPR Institute for Dispute Resolution Award for his 2004 article “Negotiating Death: ADR and End of Life Decision-Making.”

    Submission Information

    We gladly consider unsolicited manuscripts, articles, book reviews, and case comments for publication. All submissions are reviewed by the board of the Harvard Negotiation Law Review in a process that focuses on the individual article’s contribution to the existing negotiation literature. Citations in manuscripts should conform to the current 18th edition of The Bluebook: A Uniform System of Citation, published by the Harvard Law Review Association. We regret that submitted manuscripts cannot be returned except upon receipt of a stamped, self-addressed envelope.

    Please send hard copy submissions to:
    Harvard Negotiation Law Review Attention: Solicitations Editor Harvard Law School Pound Hall 519 Cambridge, MA 02138

    Please email electronic submissions to: hnlr@law.harvard.edu

Featured Articles

Collaborative Divorce: A Model for Effective Problem-Solving and Prevention

A Review of Forrest S. Mosten, Collaborative Divorce Handbook* By Thomas D. Barton** Introduction Collaborate Divorce Handbook, by Forrest S. Mosten, delivers what ...

Decisional Errors – On the Field, On the Bench, In Negotiations

The Question is Not Whether Humans Make Decisional Errors, But How to Compensate for Them By Donald R. Philbin, Jr. ESPN recently ...

Addressing Power Differentials in Negotiation: Don’t Let ‘em Push You Around

By Stephen Frenkel Participants in MWI’s Collaborative Negotiation Trainings often ask how they should handle significant power differentials. Most frequently, this ...

Power and Trust in Negotiation and Decision-Making: A Critical Evaluation

I. Introduction This paper critically evaluates the impact of power and trust on negotiation and decision-making.* “[A] basic fact about ...

Making Settlements Stick: How to Encourage Compliance with Mediated Agreements

Even though mediated settlements often have the force of law behind them, no party wants to have to go to ...

Talking with the Taliban: Should the U.S. “Bargain with the Devil” in Afghanistan?

Although the issue has not yet gained the prominence of its Iranian analogue, it is essential to begin conducting a ...

Negotiation

Settlement And Justice For All

By Robert C. Bordone & Matthew J. Smith
Recently the Justice Department announced that it had entered into a $2.3 billion settlement agreement with pharmaceutical colossus Pfizer, bringing to a close a four year investigation alleging that Pfizer had illegally marketed and promoted the painkiller Bextra as a remedy for conditions that had not been approved by [...]

Collaborative Law

Two Legal Rivers Converge in Collaborative Law

By Michael Zeytoonian, Esq. & R. Paul Faxon, Esq.
Transactional law, centered on structuring voluntary and private business deals, and civil litigation, involving legal disputes between parties who need the public courts to impose a judgment, occupy different worlds in the practice of law.  On those rare occasions that these legal disciplines do intersect, it is [...]

Mediation

Systems for Dealing with Conflict and Learning from Conflict—Options for Complaint-Handling: an Illustrative Case

By Brian Bloch, David Miller, and Mary Rowe
The phone rings in the Ombuds Office[1]. A Ms. Lee is telephoning the ombudsman from far away. Lee is a department head in our organization who is temporarily assigned overseas. She says that a colleague, Ms. Dula, insisted that Ms. Lee call the Ombudsman immediately. Ms. Lee says [...]

Arbitration

Managing Cultural Differences In An International Organization Conflict Management System

David Miller, Staff Ombudsman, World Health Organization
Click here to download the full article (pdf)

Conflict management requires recognition that conflict is occurring. However, often there is no such recognition. Boundaries are often violated, behaviourally or verbally, by apparent abusers, harassers or aggressors unaware of the effects of their actions. And some people perceive no constraint [...]