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Dispute Resolution and Arbitration

compromise (law)

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Full-Text Articles in Law

Aha? Is Creativity Possible In Legal Problem Solving And Teachable In Legal Education?, Carrie Menkel-Meadow Jan 2001

Aha? Is Creativity Possible In Legal Problem Solving And Teachable In Legal Education?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article continues and expands on my earlier project of seeking to describe how legal negotiation should be understood conceptually and undertaken behaviorally to produce better solutions to legal problems. As structured problem solving requires interests, needs and objectives identification, so too must creative solution seeking have its structure and elements in order to be effectively taught. Because research and teaching about creativity and how we think has expanded greatly since modern legal negotiation theory has been developed, it is now especially appropriate to examine how we might harness this new learning to how we might examine and teach legal …