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Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Pepperdine Dispute Resolution Law Journal
In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …
The Psychology Of Mediation: Issues Of Self And Identity And The Idr Cycle, Elizabeth E. Bader
The Psychology Of Mediation: Issues Of Self And Identity And The Idr Cycle, Elizabeth E. Bader
Pepperdine Dispute Resolution Law Journal
Issues of self and identity raise profound and often painful questions about who we are. Psychoanalytic developmental theory considers these questions by analyzing the way the sense of self develops in childhood. On the other hand, many spiritual traditions insist that however it develops, the In recent years, there have been some important attempts to bridge the gap between these two positions. Yet, the nature of the self and its identity still remains a fundamental mystery. This article considers the self from these perspectives, and others, including neuroscience and social psychology, within the context of mediation. On a psychological level, …
Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.
Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.
Pepperdine Dispute Resolution Law Journal
This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers' counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients …