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Full-Text Articles in Law
Negotiation: Women’S Voices, Morial Shah
Negotiation: Women’S Voices, Morial Shah
Pepperdine Dispute Resolution Law Journal
Gender shapes the way we communicate. Using legal theory, case studies and intercultural analysis, this paper explores the way women’s self-identity interacts with negotiation processes and outcomes. Part I examines social, psychological, cultural and political factors shaping women’s identity, voice and participation in negotiations. Part II explores the way women’s view of themselves impacts their participation in negotiations. Lastly, Part III studies the impact of formal training on gender-based differences in negotiations. Through investigating gender’s impact on negotiations, this paper finds that gender and context interact with negotiation process and outcomes. Through gaining more insight on gender’s context-specific impact, negotiators …
The Cold War And The Discipline Of Negotiation, Bazil Cunningham
The Cold War And The Discipline Of Negotiation, Bazil Cunningham
Global Tides
The Cold War period is perhaps one of the most tumultuous periods in modern history apart from the calamity of World War I and World War II. The juxtaposition of two world superpowers and the proliferation of nuclear arms resulted in extreme tension, uncertainty, and fear during the Cold War era. Although nuclear warfare was averted, experts all unanimously agree that the world barely escaped unscathed. This paper will provide detail surrounding the history of the Cold World Era, an in-depth discussion regarding the application of Negotiation theory to this conflict, and any conclusions that can be drawn. The synthesis …
Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King
Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal
Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal
Pepperdine Dispute Resolution Law Journal
This article will attempt to both examine the ramifications of the UK’s decision to leave the EU, as well as determine a path to begin the process of renegotiating trade deals with the EU and other countries throughout the world. Part I will begin by providing a brief historical overview of the formation of the EU and a focus on how and when the UK joined the EU. Part II will present the stages of leaving the EU, specifically introducing Article 50 and how it is used. Part III will provide an understanding of what trade deals are, how they …
Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster
Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster
Pepperdine Dispute Resolution Law Journal
This article provides a general negotiation background, establishing some basic definitions such as BATNA, interests, and “Shadow of Law.” Then, it works with the two-step process of utility maximization and rational choice to achieve the optimal settlement output within mediation and legal negotiation processes. Lastly, it points out methods to support the theories in ways that a lawyer could understand and apply correctly. Thus, the article offers an idea for an optimal settlement in a legal negotiation/mediation. It takes the complementary views of recognized authors, from Fisher and Ury’s "how to negotiate" manual, Raiffa's lucid explanation of applied game theory, …
Surfing To Success As A Mindful Negotiator, Leslie Larkin Cooney
Surfing To Success As A Mindful Negotiator, Leslie Larkin Cooney
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
Pepperdine Dispute Resolution Law Journal
This article will discuss the causes and consequences of party polarization and propose that the legislative body work more collaboratively and cooperatively through direct implementation of alternative dispute resolution techniques such as negotiation and mediation in the legislative process. Part I will define political polarization, what it looks like today, its causes and its consequences. Part II will propose and explain the use of dispute resolution techniques and tactics, such as, negotiation, mediation and alternative dispute resolution to mitigate the effects of political polarization. Part III will conclude that dispute resolution techniques and tactics will mitigate the inadequacies created by …
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Negotiating And Mediating Brexit, Horst Eidenmüller
Negotiating And Mediating Brexit, Horst Eidenmüller
Pepperdine Law Review
The United Kingdom will leave the European Union. Brexit will involve many complex negotiations. This article analyses the negotiation position of the parties (UK, EU, Member States) based on a set of four key negotiation factors: agreement options, nonagreement alternatives, interests, and perceptions. A special focus here is on the effect of triggering the formal withdrawal process under the Treaty on European Union’s Article 50 on the non-agreement alternatives of the parties. The article considers the likely negotiation strategy of the UK against this background. It further discusses strategic negotiation moves already made by the parties and moves likely to …
The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior, Roy F. Baumeister, W. Scott Simpson, Stephen J. Ware, Daniel S. Weber
The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior, Roy F. Baumeister, W. Scott Simpson, Stephen J. Ware, Daniel S. Weber
Pepperdine Dispute Resolution Law Journal
Success in life requires the ability to resist urges and control behavior. This ability is commonly called “willpower,” the capacity to overcome impulses and engage in conscious acts of self-control. Social psychologists believe willpower is a finite resource dependent on physiological bases including glucose (from food and drink), sleep and other forms of rest, and the absence of stress. In short, people who are hungry, exhausted, or highly stressed tend to have less willpower than those who are well-fed, well-rested, and relatively stress-free. In addition, a person who exerts self-control (uses willpower) tends to reduce temporarily the amount of willpower …
The Intersection Between Legal Risk Management And Dispute Resolution In The Commercial Context, Garrick Apollon
The Intersection Between Legal Risk Management And Dispute Resolution In The Commercial Context, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
This article explains the key advantages and challenges of using LRM to help lawyers managing substantive matters related to the commercial negotiations and disputes, and the key advantage of using ADR techniques for the management of nonsubstantive matters related to commercial negotiations and disputes. This article overall demonstrates that LRM can complement dispute resolution and vice versa. This article also demonstrates how LRM can be utilized in commercial negotiations and mediations.
Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof
Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof
Pepperdine Dispute Resolution Law Journal
The struggle for peace has been waged over and over, in numerous countries. Syria is no exception. It is a country with a history of violent conflict and political instability. The current regime is authoritarian to the extreme, and the range of competing religious interests is diverse. The civil war now consuming the country has claimed tens of thousands of lives, displaced millions, and thrown the country's future into question. This article will first briefly examine the country's turbulent history and the development of the current conflict. Next, it will evaluate previous attempts to solve the conflict. Then, it will …
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
The article offers information on international trade disputes between the U.S. and China. Topics include economic interdependency of Sino-American trade, cross-legal and cross-cultural relationships between the U.S. and China, and the historical and cultural preference for Alternative Dispute Resolution (ADR) in China. Other topics include learning of cross-cultural management and international business negotiation.
Positive Prognosis For Judges: A Look Into Judge-Directed Negotiations In Medical Malpractice Cases, Kristine Gamboa
Positive Prognosis For Judges: A Look Into Judge-Directed Negotiations In Medical Malpractice Cases, Kristine Gamboa
Pepperdine Dispute Resolution Law Journal
The article examines the effectiveness of the judge-directed negotiation program in the Unified Court System of New York State under the analysis of various medical malpractice lawsuits, which plays a vital role in the legislational reform in the field of medical malpractice. It informs that Douglas McKeon, Judge of the Bronx County Supreme Court had developed the concept of judge-directed negotiations. It overviews the praises and criticisms behind the success of the program.
Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell
Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell
Pepperdine Dispute Resolution Law Journal
Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …
Dispute Resolution In The Northwest , Bryan M. Johnston
Dispute Resolution In The Northwest , Bryan M. Johnston
Pepperdine Law Review
No abstract provided.
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Pepperdine Law Review
No abstract provided.
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Pepperdine Law Review
No abstract provided.
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
Pepperdine Law Review
No abstract provided.
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
Pepperdine Law Review
No abstract provided.
Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez
Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez
Pepperdine Dispute Resolution Law Journal
In an expansive marketplace where large organizations in the construction, manufacturing, service and union industries are facing increased global competition, collaborative labor relations are essential to maximizing efficiency and productivity. It is for this reason that developing collaboration between labor and management is highly researched and consulted by academics and professionals throughout the world. Although various models of collaboration have been developed, none have been found to clearly overcome that insidious conflict and paradigm of "Labor vs. Management." The purpose of this paper is to provide academics and consultants (mediators/facilitators) an additional perspective for designing, developing and implementing the best …
Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler
Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler
Pepperdine Dispute Resolution Law Journal
The Federal Mediation and Conciliation Service ("FMCS") was created in 1947. While an array of subsequent statutory enactments have expanded the FMCS charter, the core mission of FMCS has been, and remains, to assist labor and management to settle their disputes through mediation as well as to promote the development of sound and stable labor management relationships. The vision of how that mission will be realized has changed significantly in response to changes in our society, to expanded knowledge of conflict resolution and labor relations, and to lessons gathered by the nation's mediators over a half-century of work with collective …
Renegotiating Third World Debt , Arash S. Arabi
Renegotiating Third World Debt , Arash S. Arabi
Pepperdine Dispute Resolution Law Journal
The debt crisis facing the Third World is one so severe that it threatens to shatter the economy of countless nations and leaves the future of their lenders in doubt. The only viable solution is to come up with an "alternative" method of dispute resolution to deal with the debt crisis - one that is a cross between arbitration and mediation. A disinterested body should be created to recover some, or if possible, all of the outstanding loans owed to financial institutions, while alleviating the extreme hardships the debt and current debt repayment methods have inflicted. It should be noted, …
Negotiating On Un-Holy Land: The Road From Israel To Palestine , Randolph "Michael" Nacol Ii
Negotiating On Un-Holy Land: The Road From Israel To Palestine , Randolph "Michael" Nacol Ii
Pepperdine Dispute Resolution Law Journal
The Middle East is no stranger to conflict. In particular, the land currently called "Israel" has been through the hands of many dynasties and has long been the center of religious development and identity. Despite turmoil and failed attempts at achieving peace, there is no excuse for complacency in resolving this intolerable Israeli-Palestinian divide. The conflict is arguably the longest, most complicated, deep-seated, and vicious battle in modern history. This article explores various fundamentals of negotiation and settlement with the hopes of spurring ideas, and furthering an interest in how this great conflict might finally be resolved. Recognizing most topics …
Don't Get Bit: Addressing Icsid's Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli
Don't Get Bit: Addressing Icsid's Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli
Pepperdine Law Review
No abstract provided.
Defining The Ethical Limits Of Acceptable Deception In Mediation, John W. Cooley
Defining The Ethical Limits Of Acceptable Deception In Mediation, John W. Cooley
Pepperdine Dispute Resolution Law Journal
In a recent law review article I authored for the Loyola University of Chicago Law Review, Mediation Magic: Its Use and Abuse, I addressed the perplexing problem of the current lack of ethical guidance available to mediators and mediation advocates on the question of permissible uses of deception in mediation generally and in caucused mediation, in particular. This article is a sequel to that publication, offering the reader a condensation of some of the ideas contained in that article and some additional thoughts on criteria that might be appropriate to consider when designing a truthfulness standard for mediation.
The Neutral As Lie Detector: You Can't Judge Participants By Their Demeanor, Bruce Fraser
The Neutral As Lie Detector: You Can't Judge Participants By Their Demeanor, Bruce Fraser
Pepperdine Dispute Resolution Law Journal
As mediators we are often faced with sharply conflicting stories. One of the advantages of mediation is that we sometimes can solve the underlying problem without determining who did what, to whom, and when. Indeed, experience has shown that mediation is not a good process for finding the truth because it has none of the tools (such as testimony under oath) used for this purpose in the judicial system. Still, mediators often spend a good deal of time and effort trying to determine who is telling the truth.
The Truth About Deception In Mediation, Jeffrey Krivis
The Truth About Deception In Mediation, Jeffrey Krivis
Pepperdine Dispute Resolution Law Journal
Now that the court system has institutionalized the use of mediation in virtually all civil proceedings, trial lawyers are paying closer attention to their negotiation skills. While those skills involve less structured behavior than presenting a case to a jury, they nonetheless involve one common strategy that even the most skilled practitioners refuse to acknowledge: deception.
The Center Of The Center For Alternative Dispute Resolution, Wayne D. Brazil
The Center Of The Center For Alternative Dispute Resolution, Wayne D. Brazil
Pepperdine Dispute Resolution Law Journal
Hawaii was one of the first states to establish within its judiciary a Center for Alternative Dispute Resolution. The Center's mission is: to mediate major public policy disputes and to facilitate policy formulation dialogues, to design and help implement mediation and other ADR programs for state and local governmental agencies, to provide education about and training in mediation for the public and for employees of state and local government, and to oversee the extensive network of community mediation centers that provide grass-roots mediation services throughout the Islands. In November of 2005 the Center celebrated its 20th anniversary by sponsoring various …
Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee
Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee
Pepperdine Dispute Resolution Law Journal
This article first provides background information pertaining to recent research on gender in negotiation and prior studies on part-time work at law firms. The author then discusses the methodology and sample of the current study of part-time work arrangements of attorneys at elite law firms in one major metropolitan legal market. Next the article describes the current study's results with respect to whether attorneys viewed this situation as an opportunity to negotiate, measured by their preparation, and whether attorneys' approaches were impacted by the existence of objective criteria, viewed here as the firm's part-time policy. The author then provides prescriptive …