“Behind-the-Table” Conflicts in the Failed Negotiation for a Referendum for the Independence of Catalonia: A Student Note by Oriol Valentí i Vidal
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 of […]
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 imbalanced […]
“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.
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.
Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration
There is a hole in our arbitral system. Despite being among the most efficient and prevalent means of resolving commercial disputes, and one generally favored by courts, arbitration is dangerously susceptible to the problem of nonpayment.