Harvard Negotiation Law Review

Volume 23 – Spring
Spring 2018

	A Modern-Day Pentagon Paper in a Post-Pentagon Papers World: A Case Study of Negotiations Between The Washington Post and the U.S. Government Regarding Publication of the 2009 Afghanistan Assessment. Jonathan G. Odom	215
	How Should the Courts Know Whether a Dispute is Ready and Suitable for Mediation? An Empirical Analysis of the Singapore Courts’ Referral of Civil Disputes of Mediation. Dorcas Quek Anderson, Eunice Chua, & Ngo Tra My	265
	Fashioning an Effective Negotiation Style: Choosing Between Good Practices, Tactics, and Tricks. Hal Abramson	319
	The Sanctity of Party Autonomy and the Powers of Arbitrators to Determine the Applicable Law: The Quest for an Arbitral Equilibrium. Yeshnah D. Rampall & Ronán Feehily	345
	A New Agreement to Mediate: Guidelines for Ethical Practice in the Digital Space. Amanda First	405

Volume 23 – Fall
Fall 2017

	Toward a More Modern Application of the “Nexus to the Workplace” Test: Arbitral Considerations in Off-Duty Employee Misconduct Cases. Daniel V. Johns	1
	The Centrist Case for Enforcing Adhesive Arbitration Agreements. Stephen J. Ware	29
	Canine-Assisted Mediation. David A. Paul, Q.C.	123
	The Irony of Mediator as Problem Maker: Mediator Misconduct Setting Aside Mediated Agreements. Fran L. Tetunic	177

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

Online

“Behind-the-Table” Conflicts in the Failed Negotiation for a Referendum for the Independence of Catalonia: A Student Note by Oriol Valentí i Vidal

Posted: 18 December, 2017

By Oriol Valentí i Vidal* Spain is facing its most profound constitutional crisis since democracy was restored in 1978. After years of escalating political conflict, the Catalan government announced it would organize an independence referendum on October 1, 2017, an outcome that the Spanish government vowed to block. This article represents, to the best ofRead more ->

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Power Imbalances in Mediation: A student note by Amrita Narine

Posted: 11 February, 2017

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

Posted: 2 October, 2015

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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