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Full-Text Articles in Law
Perceptions Of Fairness In Negotiation, Nancy A. Welsh
Perceptions Of Fairness In Negotiation, Nancy A. Welsh
Faculty Scholarship
In all of negotiation, there is no bigger trap than "fairness." This chapter from the Negotiator's Fieldbook explains why among multiple models of fairness, people tend to believe that the one that applies here is the one that happens to favor them. This often creates a bitter element in negotiation, as each party proceeds from the unexamined assumption that its standpoint is the truly fair one. For a negotiation to end well, it is imperative for both parties to assess the fairness of their own proposals from multiple points of view, not just their instinctive one – and to consider …
Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin
Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin
UF Law Faculty Publications
This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.
Problem-Solving Advocacy In Mediations, Harold I. Abramson
Problem-Solving Advocacy In Mediations, Harold I. Abramson
Scholarly Works
No abstract provided.
Principles Of Influence In Negotiation, Chris Guthrie
Principles Of Influence In Negotiation, Chris Guthrie
Vanderbilt Law School Faculty Publications
Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the bargaining table, the lawyer's primary task is to persuade someone other than her own client that her client's positions, interests, and perspectives should be honored. Despite this apparent similarity, persuasion operates differently in adjudication and negotiation because the lawyer seeks to influence a different party in each process. In adjudication, the lawyer seeks primarily to persuade the judge or jury hearing the case. The judge …
The Impact Of The Impact Bias On Negotiation, Chris Guthrie, David Sally
The Impact Of The Impact Bias On Negotiation, Chris Guthrie, David Sally
Vanderbilt Law School Faculty Publications
The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption into question. In this paper, which will appear in a forthcoming symposium issue of the Marquette Law Review devoted to the Emerging Interdisciplinary Canon of Negotiation, we explore the impact of this research on negotiation and lawyering.
Action Science And Negotiation, Michael Moffitt, Scott R. Peppet
Action Science And Negotiation, Michael Moffitt, Scott R. Peppet
Publications
No abstract provided.
Adr Ethics, Scott R. Peppet
From Legal Disputes To Conflict Resolution And Human Problem Solving: Legal Dispute Resolution In A Multidisciplinary Context, Carrie Menkel-Meadow
From Legal Disputes To Conflict Resolution And Human Problem Solving: Legal Dispute Resolution In A Multidisciplinary Context, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Although this essay traces my own intellectual journey as a teacher and scholar of "alternative dispute resolution," it describes as well the evolution of the field of dispute resolution (rooted in legal studies) to the now broader field of conflict resolution that encompasses the study of disputes and conflicts, not only when they "come to law" in legal disputes, but in all forms of human conflict, including the interpersonal, domestic, and international. While my work began in legal disputing, it quickly moved to the more interdisciplinary study of conflict resolution when I sought better solutions to human problems than those …