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Divorce Bargaining: The Limits On Private Ordering, Robert H. Mnookin
Divorce Bargaining: The Limits On Private Ordering, Robert H. Mnookin
University of Michigan Journal of Law Reform
In an article published in the Yale Law Journal, I suggested an alternative perspective for family law scholars concerned with divorce. It emphasized negotiation, not adjudication; private ordering, not regulation. This change in emphasis seemed timely, if not overdue. Available evidence has long shown that the overwhelming majority of divorcing couples resolve the distributional questions concerning marital property, alimony, child support, and custody without bringing any contested issue to court for adjudication. Therefore, the primary impact of the legal system falls not on the small number of contested cases, but instead on the far greater number of divorcing couples …
Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon
Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon
University of Michigan Journal of Law Reform
A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
University of Michigan Journal of Law Reform
In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.