Dispute Resolution and Arbitration Commons^™

Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow

Articles & Book Chapters

Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth of dispute resolution, legal process, professional responsibility, and access to justice materials available – this bibliography includes a brief sampling of available readings that may be of interest to those studying, practicing, or thinking about dispute resolution.

To Negotiate, Mediate Or Litigate? Examining The Durability Of Divorce Outcomes In The Singapore Family Courts, Dorcas Quek Anderson, Eunice Chua, Yilin Ning

Research Collection Yong Pung How School Of Law

For many years, the courts have been grappling with the paradox of marriages—the most intimate of relationships—being dissolved in the courts that represent a public and adversarial setting. Despite the growth of divorce interventions, the perennial struggle remains in many courts on how to reduce the intense acrimony of divorce litigation. The question remains on the scope of “mainstream” interventions to be offered by the courts to divorce litigants. The current study therefore explores the use of court-connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. It uses a statistical method of survival analysis to produce insights on …

Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan

Research Collection Lee Kong Chian School Of Business

Integrating theorizing across the mindfulness and negotiation literatures, we hypothesize that mindfulness increases cooperation in negotiations. We further propose that processes of self-transcendence, self-regulation, and self-awareness mediate this effect. We test these hypotheses in five studies across different forms of cooperation, in both distributive and integrative negotiation contexts, and for both measured and experimentally induced mindfulness. In Study 1a, individuals higher on measured state mindfulness displayed greater cooperative orientation measured as preference for pareto-optimal agreements. In Study 1b, experimentally induced mindfulness led to greater cooperative orientation measured as the recall of cooperative heuristics. In Study 2, a distributive (fixed-sum) negotiation, …

How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals of …

Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh

Faculty Scholarship

Ours is a nation built for conflict, for friction. Such conflict, while painful, can be good. It can signal newfound agency, and it can be a catalyst for dialogue, customized and creative solutions, and ultimately progress. This is what many dispute resolution academics teach their students. But we are caught in such an extraordinarily polarized time, and many wonder what role ADR can and should play in navigating a polarized era. That was the question addressed by Texas A&M School of Law's March 2020 symposium, with the resulting articles - by Baruch Bush & Peter Miller, Jonathan Cohen, Jill DeTemple, …

Negotiation: Women’S Voices, Morial Shah

Pepperdine Dispute Resolution Law Journal

Gender shapes the way we communicate. Using legal theory, case studies and intercultural analysis, this paper explores the way women’s self-identity interacts with negotiation processes and outcomes. Part I examines social, psychological, cultural and political factors shaping women’s identity, voice and participation in negotiations. Part II explores the way women’s view of themselves impacts their participation in negotiations. Lastly, Part III studies the impact of formal training on gender-based differences in negotiations. Through investigating gender’s impact on negotiations, this paper finds that gender and context interact with negotiation process and outcomes. Through gaining more insight on gender’s context-specific impact, negotiators …

How To Play “Friendly Hardball” In A Negotiation, Michael Schaerer, Martin Schweinsberg, Roderick I. Swaab

Research Collection Lee Kong Chian School Of Business

Negotiation experts have long advised a win-win approach focused on extracting mutual value. This approach effectively turns counterparties into collaborators instead of adversaries, pooling their creative resources to “expand the pie” rather than fighting over the size of their respective slices. Not only does this create more financial value for everyone, it also has interpersonal benefits: Business relationships are stronger after thenegotiation if all parties walk away happy with the outcome.

The Cold War And The Discipline Of Negotiation, Bazil Cunningham

Global Tides

The Cold War period is perhaps one of the most tumultuous periods in modern history apart from the calamity of World War I and World War II. The juxtaposition of two world superpowers and the proliferation of nuclear arms resulted in extreme tension, uncertainty, and fear during the Cold War era. Although nuclear warfare was averted, experts all unanimously agree that the world barely escaped unscathed. This paper will provide detail surrounding the history of the Cold World Era, an in-depth discussion regarding the application of Negotiation theory to this conflict, and any conclusions that can be drawn. The synthesis …

Bargaining In The (Murky) Shadow Of Arbitration, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

Disputing parties who are unable to settle their differences will end up before an adjudicator (typically a judge or jury) who will decide their dispute for them. Dispute resolution scholars have long theorized that disputants bargain in the shadow of this adjudicated outcome, predicting what would happen in court substantively and procedurally, and negotiating based on an assessment of the strength of “bargaining endowments” derived from applicable legal norms. The increasing use of arbitration to resolve commercial disputes in the U.S. means that more and more disputants are negotiating in the shadow of arbitration, not litigation. This Article explores how …

The Changed Batna, Elayne E. Greenberg

Faculty Publications

(Excerpt)

This column invites readers to consider whether the adjudicated outcome should be relied on as a realistic benchmark for advocates and mediators. In everyday dispute resolution practice, advocates and mediators regularly consider an adjudicated decision to be a realistic point of comparison to a negotiated or mediated outcome. For example, when assessing the merits of settlement, lawyers preparing for a legal negotiation and mediation frequently consider the likely adjudicated outcome as their best alternative to a negotiated agreement (hereinafter BATNA). In mediation, mediators often focus parties and their lawyers on the cost, time and likelihood of a favorable adjudicated …

Introduction: Singapore Convention Reference Book, Harold Abramson

Scholarly Works

No abstract provided.

Singapore Mediation Convention Reference Book, Harold Abramson (Faculty Editor)

Scholarly Works

No abstract provided.

Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Negotiation theory and practice have evolved at a phenomenal pace since thepublication of Fisher and Ury’s seminal work Getting to Yes.1 The sheer breadth of topics inThe Negotiator’s Desk Reference2 (“NDR”) attests to how negotiation has advanced as a multidisciplinary field. Published in 2017 to replace its predecessor The Negotiator’s Fieldbook,3the NDR comprises 101 chapters written by very prominent academics and practitioners drawnfrom a wide range of professions, disciplines and cultures. According to its editors, more thanhalf of the contents are new, reflecting the new frontiers of the negotiation field.

Kukin Program Newsletter – Fall 2018, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2018 celebrates the achievements and recent activities of the Kukin Program, including faculty updates and notable events. Highlights include Professor Lela Porter Love’s recognition as a top global thought leader in mediation, an in-depth program on the repeal of "Don't Ask, Don't Tell" featuring insights from Colonel Linell A. Letendre, and Leymah Gbowee’s International Advocate for Peace Award. Professor Donna Erez-Navot shares her expertise in mediation for estate disputes, and there’s a spotlight on impactful alumni and faculty contributions, including recent publications and student successes.

Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal

Pepperdine Dispute Resolution Law Journal

This article will attempt to both examine the ramifications of the UK’s decision to leave the EU, as well as determine a path to begin the process of renegotiating trade deals with the EU and other countries throughout the world. Part I will begin by providing a brief historical overview of the formation of the EU and a focus on how and when the UK joined the EU. Part II will present the stages of leaving the EU, specifically introducing Article 50 and how it is used. Part III will provide an understanding of what trade deals are, how they …

Kukin Program Newsletter – Spring 2018, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2018 showcases the impactful work of the Kukin Program and its members. Highlights include upcoming events like the panel on the repeal of "Don't Ask, Don't Tell" and a symposium on international mediation agreements. The Cardozo Journal of Conflict Resolution’s 2017 Melnick Symposium featured Michael Tsur, who shared negotiation insights. Faculty and alumni updates celebrate achievements such as advocacy efforts for mediation in New York and competition successes by the ADR Honor Society. With contributions from dedicated faculty, alumni, and students, the Kukin Program continues to advance conflict resolution education and practice.

Collaborating For Transformation, Marjorie A. Silver

Journal of Experiential Learning

No abstract provided.

Overcoming Roadblocks To Reaching Settlement In Family Law Cases, John M. Lande

Faculty Publications

In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes roadblocks to negotiation and ways to overcome them to reach good settlements in family law cases.

Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster

Pepperdine Dispute Resolution Law Journal

This article provides a general negotiation background, establishing some basic definitions such as BATNA, interests, and “Shadow of Law.” Then, it works with the two-step process of utility maximization and rational choice to achieve the optimal settlement output within mediation and legal negotiation processes. Lastly, it points out methods to support the theories in ways that a lawyer could understand and apply correctly. Thus, the article offers an idea for an optimal settlement in a legal negotiation/mediation. It takes the complementary views of recognized authors, from Fisher and Ury’s "how to negotiate" manual, Raiffa's lucid explanation of applied game theory, …

Surfing To Success As A Mindful Negotiator, Leslie Larkin Cooney

Pepperdine Dispute Resolution Law Journal

No abstract provided.

A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps

Pepperdine Dispute Resolution Law Journal

This article will discuss the causes and consequences of party polarization and propose that the legislative body work more collaboratively and cooperatively through direct implementation of alternative dispute resolution techniques such as negotiation and mediation in the legislative process. Part I will define political polarization, what it looks like today, its causes and its consequences. Part II will propose and explain the use of dispute resolution techniques and tactics, such as, negotiation, mediation and alternative dispute resolution to mitigate the effects of political polarization. Part III will conclude that dispute resolution techniques and tactics will mitigate the inadequacies created by …

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea

Arbitration Law Review (2009 - Present)

No abstract provided.

Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School Of Law

Life of the Law School (1993- )

New

Negotiating And Mediating Brexit, Horst Eidenmüller

Pepperdine Law Review

The United Kingdom will leave the European Union. Brexit will involve many complex negotiations. This article analyses the negotiation position of the parties (UK, EU, Member States) based on a set of four key negotiation factors: agreement options, nonagreement alternatives, interests, and perceptions. A special focus here is on the effect of triggering the formal withdrawal process under the Treaty on European Union’s Article 50 on the non-agreement alternatives of the parties. The article considers the likely negotiation strategy of the UK against this background. It further discusses strategic negotiation moves already made by the parties and moves likely to …

Reclaiming Attention In The Digital Generation Negotiation, Lauren A. Newell

Law Faculty Scholarship

This chapter considers the relationship between information and communication technologies ("ICTs") and attention and the consequences of this relationship for the "Digital Generation" negotiators of the future. It proceeds in three parts. The first part explores the mechanics of attention and the importance of attention in negotiation. The second part, directed to elder generations of negotiators, aims to help these negotiators understand how ICTs affect the Digital Generation’s attentional capacity. The third part, directed to Digital Generation negotiators, offers practical suggestions for improving their focused attention.

A “Grand” Unified Negotiation Theory . . . In Context, Adrian Borbély, Noam Ebner, Chris Honeyman, Sanda Kaufman, Andrea Kupfer Schneider

Journal of Dispute Resolution

Negotiation research began in the 20th century and is continuing apace. It is pursued from the perspectives of several disciplines including psychology, organizational behavior, labor relations, decision sciences, game theory, communications, legal studies, international relations, public policy, and others. Added to these are best practices from several fields engaged in intervention in conflicts. By now we have accumulated a considerable volume of wisdom regarding what drives people and entities to negotiate, how they behave when doing so, how they should handle negotiations to obtain specific results, and how to help disputants resolve to come to joint, mutually satisfactory decisions. However, …

How To Learn About Negotiation From Full Length Descriptions Of Real Events, Adrian Borbély, David Matz

Journal of Dispute Resolution

This Article discusses book-length accounts of real negotiations and their value for understanding the process of negotiation. We focus much attention on an excellent example, Thirteen Days in September by Lawrence Wright, which is a rich account of the negotiation in 1978 involving US President Jimmy Carter, Egyptian President Anwar Sadat, and Israeli Prime Minister Menachem Begin. We are interested in the usefulness and challenges of using such detailed accounts of historical negotiations to build theory. We find it significant that book length detailed accounts of single negotiations have not been on any of the many negotiation syllabi we had …

Should They Listen To Us? Seeking A Negotiation / Conflict Resolution Contribution To Practice In Intractable Conflicts, Chris Honeyman, Sanda Kaufman, Andrea Kupfer Schneider

Journal of Dispute Resolution

Conflict resolution (CR) has had its successes, particularly in what has become common negotiation and mediation practice in divorce, civil litigation, and small to medium scale public policy disputes. Yet despite these practical inroads and increasingly successful dissemination of the ideas of our field, CR practitioners in politics and policy (and other fields) are still conspicuous by their absence in the largest, most consequential conflicts. Negotiation remains the vehicle for addressing international conflicts nonviolently. However, as of 2007 when we first questioned the relative lack of practical impact (at the highest levels) of negotiation scholarship, the international relations practitioners did …