Featured Articles

Resolving Third-Party Objections to Arbitral Subpoenas Under the Federal Arbitration Act: A Suggested Approach

Mar 25th, 2010 | By HNLR | Category: Arbitration, Featured Articles

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 only after [...]



New Perspectives in Negotiation: A Therapeutic Jurisprudence Approach

Jan 27th, 2010 | By HNLR | Category: Featured Articles

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 [...]



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

Nov 1st, 2009 | By HNLR | Category: Featured Articles

The Question is Not Whether Humans Make Decisional Errors, But How to Compensate for Them
By Donald R. Philbin, Jr.
ESPN recently dubbed baseball umpire Tim McClelland’s missed calls in Game 4 of the American League playoffs as “the worst umpiring performance at an Angels games since Leslie Nielsen in ‘The Naked Gun.’”1 While his mistakes were [...]



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

Sep 1st, 2009 | By Yan Ki Bonnie Cheng | Category: Featured Articles

By Yan Ki Bonnie Cheng
I. Introduction
This paper critically evaluates the impact of power and trust on negotiation and decision-making.* “[A] basic fact about negotiation, which could well be easily forgotten, is that [one is] dealing not with abstract representatives of the ‘other side’, but with human beings.” It is therefore unsurprising that human phenomena [...]



Welcome

Nov 7th, 2008 | By Stephanie Singer | Category: Featured Articles

Welcome to HNLR Online!  This online component of the Harvard Negotiation Law Review will feature topical articles by professors, students, and practitioners of negotiation and alternative dispute resolution.  Check back frequently for important developments in the world of negotiation/ADR and comment on the negotiation angle to current events.
We publish cutting-edge articles about new negotiation/ADR trends [...]