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Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert
Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert
Faculty Scholarship
This article discusses the growing popularity of interest-based negotiation among attorneys and outlines an approach for implementing interest-based negotiating more effectively. The article begins with an overview of interest-based negotiation and its evolution in legal practice. The article addresses the barriers that often stand between lawyers and the practice of interest-based negotiation and how clients, too, may contribute their own limitations to the mix. The article then discusses particular aspects of interest-based approaches and outlines a step-by-step process for implementing interest-based negotiating.
Making Deals In Court-Connected Mediation: What's Justice Got To Do With It?, Nancy A. Welsh
Making Deals In Court-Connected Mediation: What's Justice Got To Do With It?, Nancy A. Welsh
Faculty Scholarship
When mediation was first introduced to the courts, the process was hailed as “alternative.” Mediation gave disputants the opportunity to discuss and resolve their dispute themselves; the role of the third party was to facilitate the disputants’ negotiations, not to dictate the outcome; and because the disputants were able to focus on their underlying interests in mediation, the process could result in creative, customized solutions. The picture of mediation is changing, however, as the process settles into its role as a tool for the resolution of personal injury, contract, and other nonfamily cases on the courts’ civil dockets. Attorneys dominate …