Author Archive: HNLR

Why Camp David II Failed: a Negotiation Theory Perspective

Why Camp David II Failed: a Negotiation Theory Perspective

Rochelle-Leigh (Shelley) Rosenberg   “I don’t think they will ever reinvent the wheel. And the difference between this moment until the moment of reaching an agreement will be how many names–Palestinians and Israelis–will be added to the lists of death and agony. At the end of the day, there will […]

 
 

Symposium 2012 Recap

Symposium 2012 Recap

Here is the place to review the fantastic HNLR Symposium 2012! A written recap and pictures will here shortly, but to keep you die-hards busy here are the links to the videos of the event: Quantitative and Qualitative Methods of Evaluating ADR ADR in the Criminal Justice System Co-optation of […]

 
 

This week in ADR: January 29-February 5

This week in ADR:  January 29-February 5

It’s hard to believe that we’re already into February 2012.  But, as Colum McCann would say, the great world spins on, and with it comes ADR news. Over at the New York Times, Gretchen Morgenson opines on why a $1.38 million arbitration award still didn’t satisfy one bitter investor. Any […]

 
 

This week in ADR: January 8-January 15

This week in ADR: January 8-January 15

ADR and college football:  In the course of its struggle to free itself from the Big East conference, West Virginia University finds itself ordered to engage in non-binding mediation with conference reps. Same ADR process, very different context:  The Department of Justice hopes that mediation can serve as a foreclosure […]

 
 

Is Voting for Santorum Below a Voter’s Reservation Value?

Is Voting for Santorum Below a Voter’s Reservation Value?

An able negotiator knows that a crucial step in entering any negotiation is understanding when to break off negotiations i.e., knowing your BATNA (Best Alternative To a Negotiated Agreement). To discover your BATNA, you must first determine your reservation value. Your reservation value is the lowest value at which you […]

 
 

International Weapons Negotiation

International Weapons Negotiation

Hello Dedicated Readers, In case somehow you have not heard the news, I will inform you of the recent events in Geneva. In brief, States from across the globe gathered in Geneva to negotiate a multi-lateral international agreement regarding Cluster Munitions. The basic mechanism of Cluster Munitions is that a […]

 
 

Bridging Cultural and Technological Divides: The Role of Culture in Email Negotiations Between American and Chinese Negotiators

Bridging Cultural and Technological Divides: The Role of Culture in Email Negotiations  Between American and Chinese Negotiators

By Matthew Parker, a 3L law student at Harvard Law School I. Introduction: The Role of Culture in Email Negotiations Culture fundamentally affects email negotiations. In an increasingly globalized world where cross-border negotiations have increased substantially[1] and the use of email communication has grown exponentially,[2] surprisingly little research, however, has […]

 
 

Negotiation Advice for the 112th Congress

Negotiation Advice for the 112th Congress

With a divided government and the election of many legislators on platforms of “no compromise,” is there any hope that the next Congress will accomplish anything meaningful to address the multitude of challenges facing the nation?

We think there is.

 
 

Thoughts prompted by Mnookin’s Bargaining with the Devil*

Thoughts prompted by Mnookin’s Bargaining with the Devil*

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?

 
 

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

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

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 […]