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George Washington University Law School

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Negotiation

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Creativity In Dispute Settlement Relating To The Law Of The Sea, Sean D. Murphy Jan 2022

Creativity In Dispute Settlement Relating To The Law Of The Sea, Sean D. Murphy

GW Law Faculty Publications & Other Works

This chapter, written in honor of David Caron, focuses on creativity in dispute resolution relating to the law of the sea. When the 1982 U.N. Convention on the Law of the Sea (UNCLOS) was adopted in 1982, its dispute settlement procedures were heralded as highly creative in offering an array of possibilities for States (and even non-State actors). Now that almost three decades have passed since the Convention’s entry into force in 1994, can it be said that the promise of such creativity has been fulfilled? It appears that the answer to that question is largely yes, not just in …


The Use Of Alternative Dispute Resolution Techniques To Resolve Public Sector Bargaining Disputes, Charles B. Craver Jan 2013

The Use Of Alternative Dispute Resolution Techniques To Resolve Public Sector Bargaining Disputes, Charles B. Craver

GW Law Faculty Publications & Other Works

Labor organizations and employers have used various dispute resolution techniques to assist them with contract negotiations and contractual grievances. They have used negotiation, mediation, and arbitration since the 1800s. When the ADR movement was developed for conventional legal disputes, many of the techniques adopted were derived from the industrial relations movement. As states enacted public sector bargaining laws granting representational rights to state and local government employees, the parties had to determine how to resolve controversies over the terms to be included in new contracts and over grievances arising under existing accords. Most states refused to allow government personnel to …


Emotional Intelligence And Negotiation Performance, Charles B. Craver Jan 2013

Emotional Intelligence And Negotiation Performance, Charles B. Craver

GW Law Faculty Publications & Other Works

When individuals negotiate, they employ many personal and intellectual skills. Over the many years I have taught Negotiation courses, I have sought to determine the factors that influence bargaining outcomes. I have found no statistically significant differences based upon the gender or race of the participants, and no correlation with student GPAs. Since Daniel Goleman suggests that if something is not due to IQ it must be based upon EQ, or emotional intelligence, I decided to determine whether there is any correlation between my student perofmance on negotiation exercises and their individual emotional intelligence scores. I had the exceptional assistance …