Volume 22 – Spring
Spring 2017

When Ignorance Is Not Bliss: An Empirical Study of Litigants’ Awareness of Court-Sponsored Alternative Dispute Resolution Programs. Donna Shestowsky

189

Opening the Red Door to Chinese Arbitrations: An Empirical Analysis of CIETAC Cases 1990-2000. Pat K. Chew

241

Confidentiality and Transparency in International Commercial Arbitration: Finding the Right Balance. Avinash Poorooye & Ronán Feehily

275

Do Professional Ethics Make Negotiators Unethical? An Empirical Study with Scenarios of Divorce Settlement. Hiroharu Saito

325

 

Volume 22 – Fall
Fall 2016

Mandatory ADR Notice Requirements: Gender Themes and Intentionality in Policy Discourse. Becky L. Jacobs

1

The Continuing Voice of Dissent: Justice Thomas and the Federal Arbitration Act. Brian Farkas

33

Deflategate’s Labor Legacy: The Centrality of Grievance Procedures in Collective Bargaining Negotiations. Heather Scheiwe Kulp & Mario Cuttone

77

Understanding Actavis: How Courts Misinterpret FTC v. Actavis, Inc., and How to Get It Right. Bryan Gant

111

Modeling an International Investment Court After the World Trade Organization Dispute Settlement Body. Rebecca Lee Katz

163

 

Volume 21 – Spring
Spring 2016

Regulating Mediators. Art Hinshaw

163

Expanding Judicial Discretion: Between Legal and Conflict Considerations. Yuval Sinai & Michal Alberstein

221

Getting Deals Done: Enhancing Negotiation Theory and Practice Through a Therapeutic Jurisprudence/Comprehensive Law Mindset. Carol L. Zeiner

279


Volume 21 – Fall

Fall 2015

Improving Lawyers’ Judgment: Is Mediation Training De-Biasing? Douglas N. Frenkel & James H. Stark

1

Mediation and Access to Justice in Africa: Perspectives from Ghana. Jaqueline Nolan-Haley

59

User Protections in Online Dispute Resolution. Suzanne Van Arsdale

107

Strategizing the Two-Level Negotiation: How a Level I Negotiator Deals With a Level II Agitator. Shivan Sarin

143

 

Volume 20
Spring 2015

Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight. E. Gary Spitko

1

Standards of Legitimacy in Criminal Negotiations. Wesley MacNeil Oliver and Rishi Batra

61

Mindfulness in the Heat of Conflict: Taking STOCK. Leonard L. Riskin and Rachel Wohl

121

Med-Arb and the Legalization of Alternative Dispute Resolution. Brian A. Pappas, Ph.D.

157

Calling for Clarity: How Uncertainty Undermines the Legitimacy of the Dispute Resolution System Under the OECD Guidelines for Multinational Enterprises. Bernadette Maheandiran

205

Bargaining in the Shadow of the “Law?” —The Case of Same-Sex Divorce. Jeremy Feigenbaum

245

The Peculiar Case of the ARA Libertad: Provisional Measures and Prejudice to the Arbitral Tribunal’s Final Result. Thomas E. Robins

265

Volume 19
Spring 2014

Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration, and Conflict Management in Fortune 1000 Corporations. Thomas J. Stipanowich and J. Ryan Lamare 1
Bargaining with Consequences: Leverage and Coercion in Negotiation. Paul F. Kirgis 69
  Yeah, But Did You See the Gorilla? Creating and Protecting an Informed Consumer in Cross-Border Online Dispute ResolutionAnjanette H. Raymond 129
Mediation v. Case Settlement: The Unsettling Relations Between Courts and Mediation – A Case Study. Mordehai Mironi 173
Class Action in the Age of Twitter: A Dispute Systems Approach. Jeremy R. McClane 213
Preserving Negotiation Whilst Promoting Global Order: Should We Bargain with Salt-Water Devils? Lucas V.M. Bento 285
Resolving Cultural Property Disputes in the Shadow of the Law. Grant Strother 335

Online

Power Imbalances in Mediation: A student note by Amrita Narine

By Amrita Narine* In recent years, mediation has become increasingly popular and now represents a viable option for parties in a variety of scenarios. Despite its rising popularity, mediation has received mixed responses because of the potential to entrench preexisting power imbalances. This paper will explore the usefulness of mediation when dealing with an imbalancedRead more

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“Son be a Dentist:” Restorative Justice and the Dalhousie Dental School Scandal by Annalise Acorn

The symposium on the theory and application of restorative justice held by the Harvard Negotiation Law Review in February prompted a renewed look at restorative justice not merely as a new method of achieving a familiar understanding of justice but as a new theory of justice itself.

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Negotiating the Non-Negotiable: National Security & Negotiation

It requires little reflection to recognize that the word “terror” has saturated popular and academic discourse. This newly prominent yet age-old form of warfare has redefined the modern legal landscape on a domestic and international level, while simultaneously striking fear in the hearts of millions.

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Symposium
Restorative Justice: Theory Meets Application


HNLR Student Note Competition
The Harvard Negotiation Law Review (HNLR) invites you to participate in our inaugural student note competition. Entrants are invited to write about any topic related to Alternative Dispute Resolution, including negotiation, mediation, arbitration, dispute systems design, conciliation, restorative justice, and facilitation.