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Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Faculty Scholarship
This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.
The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Faculty Scholarship
The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else …