Volume 17 Available Online

Volume 17 of the Harvard Negotiation Law Review can now be viewed online. We invite our readers to browse our latest articles and learn more about the range of scholarship we publish:

The Impact of A Grievant’s Offer of Apology and the Decision-Making Process of Labor Arbitrators: A Case Analysis

Daniel J. Kaspar and Lamont E. Stallworth

This article examines what impact, if any, a grievant’s offer of apology has on the decision-making process of labor arbitrations in discipline and discharge cases.

 

Mediation: The “New Arbitration”

Jacqueline Nolan-Haley

This article explores how and why the process of legal mediation has begun to reflect arbitration proceedings, and the implications of this phenomenon.

 

An Empirical Study of Settlement Conference Nuts and Bolts: Settlement Judges Facilitating Communication, Compromise and Fear

Peter Robinson

This article examines the emphasis the settlement judge places on costs and risks, the techniques employed by the judge to encourage compromise, the techniques utilized to facilitate communication between all those involved, and finally the effect of the judge’s persona on the settlement conference.

 

Technology and the Future of Dispute Systems Design

Orna Rabinovich-Einy and Ethan Katsh

This article discusses the separation in the development of Dispute Systems Design (DSD) and the World Wide Web, and argues that the division is holding back the growth of the field of DSD.

 

Does Class Arbitration “Change the Nature” of Arbitration? Stolt-Nielsen, AT&T, and a Return to First Principles

S.I. Strong

The article analyzes the ways in which class arbitration differs from other forms of multiparty arbitration and investigates whether a form of “quasi-arbitration” is in the process of developing as a means of responding to the demands of class proceedings.

 

Power Before Interests in Dispute System Design

Adam B. Kinon

This paper demonstrates why a designer must begin the Dispute Systems Design process with an analysis of power and how that power dynamic may be shaped to allow an interests-based approach to be implemented. It also raises a number of ethical questions to be considered in so acting.

 

Student Note: Managing the Exit: Negotiating an Employment Termination

David P. Zins

This essay suggests strategies to mitigate the difficulties of managing an employment termination, and discusses the importance of doing so effectively.

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