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Articles 1 - 5 of 5
Full-Text Articles in Law
Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky
Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky
David B Lipsky
[Excerpt] Walton and McKersie's 1965 book, A Behavioral Theory of Labor Negotiations, provides much of the conceptual underpinnings of what grew into the modern-day teaching of negotiations in business, public policy, law, and other professional schools. We therefore believe that it is useful to outline the basic concepts and ideas introduced by these authors. We do so, however, with a word of caution. There is no substitute for the original. Every student should have the pleasure of struggling (as we did the first time it was assigned to us as students) with the tongue twisters like "attitudinal structuring" and the …
The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber
The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber
David B Lipsky
In recent years, a significant amount of public and academic attention has been devoted to the unravelling of the so-called 'New Deal' social contract and the emergence of a new social contract between workers and employers in the United States of America (US). In our paper, we will identify the forces of change that undermined the New Deal social contract during the post-World War II era and led to the reformulation of the workplace social contract in the US. It is our thesis that the transformation of the workplace social contract in the US significantly affected the resolution of employment …
Online Dispute Resolution Through The Lens Of Bargaining And Negotiation Theory: Toward An Integrated Model, David B. Lipsky, Ariel C. Avgar
Online Dispute Resolution Through The Lens Of Bargaining And Negotiation Theory: Toward An Integrated Model, David B. Lipsky, Ariel C. Avgar
David B Lipsky
[Excerpt] In this article we apply negotiation and bargaining theory to the analysis of online dispute resolution. Our principal objective is to develop testable hypotheses based on negotiation theory that can be used in ODR research. We have not conducted the research necessary to test the hypotheses we develop; however, in a later section of the article we suggest a possible methodology for doing so. There is a vast literature on negotiation and bargaining theory. For the purposes of this article, we realized at the outset that we could only use a small part of that literature in developing a …
The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar
The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar
David B Lipsky
[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of fit …
Workplace Arbitration In The Current Economic Crisis, David B. Lipsky
Workplace Arbitration In The Current Economic Crisis, David B. Lipsky
David B Lipsky
[Excerpt] In the midst of our economic crisis, arbitrators are facing unprecedented challenges. As the financial implosion has spread from Wall Street to Main Street, we are hearing cases that require us to decide issues the parties never anticipated when their arbitration programs were established. Take labor-management arbitration as an example. Unlike in the past, when labor arbitrators sometimes had to decide whether a layoff complied with the collective bargaining agreement, today they are addressing the repercussions of mass layoffs resulting from plant shutdowns. Similarly, in previous years, labor arbitrators frequently decided cases dealing with alleged infractions of Title VII …