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Articles 1 - 5 of 5

Full-Text Articles in Law

The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington Jul 2012

The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington

Pepperdine Law Review

No abstract provided.


Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin Feb 2012

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 Feb 2012

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. Feb 2012

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 …


The Role Of Equipoise In Family Law, Deborah Cantrell Jan 2012

The Role Of Equipoise In Family Law, Deborah Cantrell

Publications

Scholars reviewing family law over the last twenty years have described the field as having undergone a revolution. While true, both scholars and front-line family law advocates have failed to invent a satisfying end to the revolution. This Article takes up that challenge and offers a novel way forward, It identifies two translation challenges that have prevented the revolution from reaching its end. The first challenge is translating reform so that its benefits accrue equally across all kinds of participants--rich and poor, those with lawyers and those without. The second challenge is translating theory into on-the-ground practices useful to family …