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Building The Emotionally Learned Negotiator, Erin Ryan
Building The Emotionally Learned Negotiator, Erin Ryan
Erin Ryan
This essay reviews three recent books on the significance of emotion in negotiation and dispute resolution (Fisher & Shapiro: BEYOND REASON: USING EMOTIONS AS YOU NEGOTIATE; Peter Ladd: MEDIATION, CONCILIATION AND EMOTION: A PRACTITIONER’S GUIDE FOR UNDERSTANDING EMOTIONS IN DISPUTE RESOLUTION; and Lacey Smith: GET IT! STREET-SMART NEGOTIATION AT WORK: HOW EMOTIONS GET YOU WHAT YOU WANT), situating each work within a theory of practice for emotionally learned negotiators. After discussing the how the appearance of emotional sterility became synonymous with “professionalism” (and the toll this has taken on professional interaction), the piece sets forth a functional theory of emotion …
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Erin Ryan
[This student note is the closing chapter of the Harvard Law Review “Developments in the Law” issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself—in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. “Alternative” models of dispute resolution have …