By Stephanie Singer Even though mediated settlements often have the force of law behind them, no party wants to have to go to court or return to the negotiating table to enforce an agreement.There are a number of steps a mediator can take to encourage parties to honor their commitments,...
Although the issue has not yet gained the prominence of its Iranian analogue, it is essential to begin conducting a sober analysis of whether the benefits of negotiating with the Taliban outweigh the costs. While there are many negotiations relevant to the Afghan War—between the U.S. and its NATO allies,...
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...
Think of all the ways our lives have been made easier and more efficient with technology. With just the click of a button (or a mouse), we have the world at our fingertips. Communication alone has changed drastically over the past decade (for the better, right?). Besides face-to-face meetings and...
“We decided that we wanted to regain control of our money, of our documents, of our reputation and of our time,” said Andrew Byers, overseer of The Toro Company’s mediation program, regarding why The Toro Company of Bloomington, MN implemented a mediation program to settle their in-house and customer disputes...
The U.S. military presence in Japan has provided great stability in a region of uncertainty. In recent years, the importance of the U.S. military in Asia has been underscored by continuing volatility in North Korea, the growth of terrorist organizations and pirates, and expanded human trafficking.[1] A continued relationship between...
Businessdictionary.com defines the Self-Fulfilling Prophecy as “[E]xpectations about circumstances, events, or people that affect a person’s behavior [such that] he or she (unknowingly) creates situations [that fulfill] those expectations.” In other words, your predictions about a situation (and therefore how you act in that situation) will cause those predictions to...
On November 28, 2008, New York Giants wide receiver Plaxico Burress accidentally shot himself in the thigh with an unlicensed handgun while partying at a New York City nightclub. Beyond the poor judgment of the incident itself was the short-sightedness of the team’s response to it, which demonstrated just how...
Ask Luis Moreno-Ocampo, chief prosecutor of the International Criminal Court in The Hague, how he thinks we can make the world a better place, and he’ll answer without hesitation that we must teach young people how to deal with conflict better. In a conversation with us earlier last year, he...
As ADR practitioners get out and educate the public about the various alternative dispute resolution processes, we frequently hear some of the same questions asked. People want to know the differences between this approach and that one, between what I do and what other lawyers do, between facilitative and evaluative...
Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic analysis.
The Harvard Negotiation Law Review works to close this gap by providing a forum in which scholars from many disciplines can discuss negotiation as it relates to law and legal institutions. It is aimed specifically at lawyers and legal scholars. In its 18 year history, the journal has explored interdisciplinary academic perspectives on such topics as decision analysis; litigation settlement; mediator roles, strategies and tactics; the lawyer’s role as a problem solver; reconsideration of legal education in light of negotiation; and a range of case studies of innovative negotiation and mediation systems around the world.