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Full-Text Articles in Law

Fashioning An Effective Negotiation Style: Choosing Between Good Practices, Tactics, And Tricks, Harold I. Abramson Dec 2017

Fashioning An Effective Negotiation Style: Choosing Between Good Practices, Tactics, And Tricks, Harold I. Abramson

Harold I. Abramson

 This article addresses two long standing issues in negotiations. First, what choices should we make to be effective? This article offers a schema for classifying the choices into one of three categories and in so doing, classifies choices based on likely benefits and degree of risk when fashioning an effective negotiation style. The second question is how to distinguish between negotiation style, the subject of this article, and our natural conflict style. By highlighting the distinction between how we want to negotiate (negotiation style) and how we naturally negotiate (conflict style), this article offers a way to become the negotiator …


Nelson Mandela As Negotiator: What Can We Learn From Him?, Harold I. Abramson Aug 2016

Nelson Mandela As Negotiator: What Can We Learn From Him?, Harold I. Abramson

Harold I. Abramson

This article considers how “the greatest negotiator of the twentieth century,” Nelson Mandela, approached negotiating the unbanning of the African National Congress (ANC), the dismantling of apartheid, and his own freedom after twenty-seven years of imprisonment. He employed classically good negotiation practices in the face of intense and violent opposition while confined in prison for life. If he could be successful, why cannot lawyers succeed when facing less daunting disputes?This article focuses on the period starting in 1985, when Mandela refused an offer to be released if he would condemn violence, until 1990, when President de Klerk gave his historic …


Final Offer Arbitration, Harold I. Abramson Jul 2014

Final Offer Arbitration, Harold I. Abramson

Harold I. Abramson

No abstract provided.


Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson Mar 2014

Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson

Harold I. Abramson

The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do? In this article, the author explores the dilemma presented when one neutral …


Time To Try Mediation Of International Commercial Disputes, Harold Abramson Mar 2014

Time To Try Mediation Of International Commercial Disputes, Harold Abramson

Harold I. Abramson

No abstract provided.


Mediation Representation: Representing Clients Anywhere, Harold Abramson Mar 2014

Mediation Representation: Representing Clients Anywhere, Harold Abramson

Harold I. Abramson

No abstract provided.


Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.


Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson Dec 2010

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Harold I. Abramson

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).


Crossing Borders Into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally, Harold Abramson Dec 2010

Crossing Borders Into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally, Harold Abramson

Harold I. Abramson

No abstract provided.


Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson Dec 2010

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Harold I. Abramson

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).


Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.


Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold I. Abramson Dec 2008

Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold I. Abramson

Harold I. Abramson

This article was inspired by the opportunity to observe a two day negotiation training program' put together by Hamline University School of Law in Rome. It was called "Developing 'Second Generation' Global Negotiation Education." The trainers conducted a high level program for around thirty sophisticated professionals. And over forty scholars observed the training and then spent another two days discussing what was observed. Based on that experience as an observer and my own experience teaching and training abroad, along with additional research, I have identified seven guidelines for U.S. trainers. These guidelines should help trainers reduce any cultural mishaps, prepare …