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Dispute Resolution and Arbitration

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Selected Works

2010

Negotiation

Articles 1 - 9 of 9

Full-Text Articles in Law

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.


Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.


Mediation Workshop: Basic Course Materials, Laurence Boulle, John Wade Aug 2010

Mediation Workshop: Basic Course Materials, Laurence Boulle, John Wade

John Wade

No abstract provided.


Bargaining Without Law, Robert J. Condlin Aug 2010

Bargaining Without Law, Robert J. Condlin

Robert J. Condlin

Like a professional athlete on growth hormones, legal bargaining scholarship has transformed itself over the years. Once an amateurish assortment of war stories and folk tales, now it is a hulking behemoth of social science surveys and studies. There is a lot to like in this transformation. Much of the new writing is insightful, sophisticated, and spirited, with things to tell even the most experienced bargainer. But it also is missing something important: law. Bargaining scholars now routinely write about dispute settlement as if the strength of the parties’ competing legal claims is of no consequence. Rarely do they discuss …


Preparing For Mediation And Negotiation In Succession Disputes, John Wade Jul 2010

Preparing For Mediation And Negotiation In Succession Disputes, John Wade

John Wade

This paper argues that a major task for lawyers in succession disputes, negotiations and mediations is to assist clients make wise decisions in the face of uncertainty. This requires preparation. A short preparation model of five humble hypotheses is set out. Normally, these should be discussed with any mediator well before a mediation takes place. Example precedent preparation forms are attached.


Collective Bargaining In The Era Of Grocery Industry Restructuring, Richard W. Hurd May 2010

Collective Bargaining In The Era Of Grocery Industry Restructuring, Richard W. Hurd

Richard W Hurd

[Excerpt] As UFCW international and local leaders know from first hand experience, there have been dramatic changes in the retail grocery industry over the past 15 years. Of most direct relevance to the collective bargaining environment, the absolute size of key corporations has increased and economic power in the industry has become more concentrated. Influenced by the spread of Wal-Mart's grocery operations, established companies like Kroger, Safeway, Supervalu, and Loblaw have pursued aggressive merger and market expansion strategies. Further complicating the situation has been the success of other alternative format grocers (such as Costco, Trader Joe's, Whole Foods, and BJ's), …


The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean R. Sternlight Jan 2010

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean R. Sternlight

John Lande

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes. Recognizing these substantial barriers, it proposes a modest and feasible menu of reforms that interested faculty and law schools can achieve without investing substantial additional resources. The proposals are not intended as a comprehensive package to be implemented on an all-or-nothing basis but as a set of options to be selected by individual faculty …


Collaborative Lawyers’ Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients’ Informed Consent To Use Collaborative Law, John Lande, Forrest S. Mosten Jan 2010

Collaborative Lawyers’ Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients’ Informed Consent To Use Collaborative Law, John Lande, Forrest S. Mosten

John Lande

Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. In CL, the lawyers and clients sign a “participation agreement” promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the “disqualification agreement,” which provides that both CL lawyers would be disqualified from representing the clients if the case is litigated. CL is designed to encourage parties to stay in the process which can be good, though sometimes parties feel stuck there, having invested thousands of dollars and at risk of …


Lessons From The Field: First Impressions From Second Generation Negotiation Teaching, Kenneth Fox, Manon Schonewille, Esra Çuhadar-Gürkaynak Dec 2009

Lessons From The Field: First Impressions From Second Generation Negotiation Teaching, Kenneth Fox, Manon Schonewille, Esra Çuhadar-Gürkaynak

Kenneth H Fox

In May, 2008, an international group of 50 negotiation scholars and teachers met in Rome, Italy, to launch a four year project to rethink negotiation theory and pedagogy. From its inception, the Rethinking Negotiation Teaching project (NT 2.0 project) has had two primary goals: to significantly advance our understanding of the negotiation process in all its complexity; and to improve how we teach others about negotiation. The first year of this four-year project focused on generating new ideas and approaches to negotiation scholarship and teaching. Some of this scholarship was published in the book Rethinking Negotiation Teaching and some in …