Harvard Negotiation Law Review

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Online Articles

Addressing Domestic Violence in Mediation: The Need for More Uniformity and Research

Posted: 13 May, 2021

Richard McCutcheon[1] Abstract Mandatory mediation orders in the context of domestic violence have been a point of controversy for nearly three decades. As mandatory mediation has exploded in popularity across family court systems, legislators and courts have struggled to create best practices for mediating domestic violence. To ensure the suitability of mediation and the safety […]

What Are We Learning About Convening Peace in a Pandemic?: Authors Lisa Dicker and Danae Paterson Reflect on their Spring 2020 Article

Posted: 6 February, 2021

Authors Lisa Dicker and Danae Paterson of “Covid-19 and Conflicts: The Health of Peace Processes During a Pandemic” spoke with HNMCP to dig more deeply into the article’s findings, provide a behind-the-scenes look into how they translated real-time developments into broader questions and learnings, and share an update on where these peace processes stand eight […]

Forced into Employment Arbitration? Sexual Harassment Victims are Saying #MeToo and Beginning to Fight Back—But They Need Congressional Help

Posted: 30 August, 2020

Samuel D. Lack   Abstract   As awareness of the prevalence and pervasiveness of workplace sexual harassment has grown in the United States, so too has the use of mandatory arbitration clauses in employment contracts, shepherding employee claims out of courtrooms and into private arbitration proceedings. Though private arbitration is often touted as cheaper and […]

How Litigation Funders Have Improved the Quality of Settlements in America

Posted: 22 August, 2020

Robert B. Fuqua Abstract Litigation finance is a form of specialty funding used by litigants and law firms to pay the high costs associated with maintaining a legal claim. In a typical agreement, a litigation funder pays a portion of a client’s litigation expenses in exchange for a share of the lawsuit’s recovery. The loan […]

“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 of […]

About HNLR

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.

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