References
The Relevance of Principled Negotiation to Hostage Crises
February 8, 2012
Fowler argues that the traditional positional bargaining used in hostage situations is an unfortunate consequence of the circumstances. The article shows how principled negotiation, which deals with cooperation for the mutual benefit of the parties, can work in the high-pressure hostage situation in a surprising way.
February 8, 2012
Fowler argues that the traditional positional bargaining used in hostage situations is an unfortunate consequence of the circumstances. The article shows how principled negotiation, which deals with cooperation for the mutual benefit of the parties, can work in the high-pressure hostage situation in a surprising way.
Collective Bargaining in the Twenty-First Century: A Negotiations Institution at Risk
February 8, 2012
Collective bargaining, a core social institution, faces a fundamental transformational challenge. National survey data provide unique insights into the current status of the bargaining process
February 8, 2012
Collective bargaining, a core social institution, faces a fundamental transformational challenge. National survey data provide unique insights into the current status of the bargaining process
The Layered Dispute Resolution Clause: From Boilerplate to Business Opportunity
February 8, 2012
Almost every lawyer-drafted contract has some form of a dispute resolution clause. The author suggests that drafters should exercise creativity in crafting a tailored clause that serves the client's objectives-such as a layered dispute resolution clause. The article discusses the segments of the layered clause, policy considerations, and possible case law influences on the drafter.
February 8, 2012
Almost every lawyer-drafted contract has some form of a dispute resolution clause. The author suggests that drafters should exercise creativity in crafting a tailored clause that serves the client's objectives-such as a layered dispute resolution clause. The article discusses the segments of the layered clause, policy considerations, and possible case law influences on the drafter.
Facilitative Versus Evaluative Mediator Orientations: Piercing the Grid Lock
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Bilateral Investment Treaties: A Friend or Foe to Human Rights?
February 8, 2012
This article focuses on a dispute resolution clause found within Bilateral Investment Treaties (BITs) that addresses corporate=related human rights violations. The article explains how current BITs grant multinational corporations the right to imitate arbitration against a State when the State has failed to fulfill its obligations under the treaty. The author provides suggestions as to how BITs may be restructured to be more effective in resolving disputes over human rights violations.
February 8, 2012
This article focuses on a dispute resolution clause found within Bilateral Investment Treaties (BITs) that addresses corporate=related human rights violations. The article explains how current BITs grant multinational corporations the right to imitate arbitration against a State when the State has failed to fulfill its obligations under the treaty. The author provides suggestions as to how BITs may be restructured to be more effective in resolving disputes over human rights violations.
Negotiation Behavior and Outcomes: Empirical Evidence and Theoretical Issues
February 8, 2012
This article examines the ability of the individual differences, motivational, and cognitive approaches of negotiation to account for empirical research on dyadic negotiation. Investigators have typically focused on objective, economic measures of performance. However, social-psychological measures are important because negotiators often do not have the information necessary to make accurate judgments of the bargaining situation. Negotiators' judgments are biased, and biases are associated with inefficient...
February 8, 2012
This article examines the ability of the individual differences, motivational, and cognitive approaches of negotiation to account for empirical research on dyadic negotiation. Investigators have typically focused on objective, economic measures of performance. However, social-psychological measures are important because negotiators often do not have the information necessary to make accurate judgments of the bargaining situation. Negotiators' judgments are biased, and biases are associated with inefficient...
Negotiating with Deity: Strategies and Influences Related to Recent North Korean Negotiating Behavior
February 8, 2012
This article discusses the Korean nuclear weapons crisis and negotiation strategies, behaviors, and tactics used by the parties involved. Moreover, it discusses the behavior of Kim Jong-I1 and how he may have affected the negotiating behavior of North Korea.
February 8, 2012
This article discusses the Korean nuclear weapons crisis and negotiation strategies, behaviors, and tactics used by the parties involved. Moreover, it discusses the behavior of Kim Jong-I1 and how he may have affected the negotiating behavior of North Korea.
Congress Giveth, and Congress Taketh Away: How the Arbitration and Mediation Clauses Jeopardize the Rights Granted to Immigrant Farmworkers by AgJOBS
February 8, 2012
This article considers the great importance of the rights granted to farmworkers by AgJOBS, and then discusses the insufficiency of the arbitration and mediation clauses with which the bill purports to enforce these rights. It then provides an employment law framework for considering AgJOBS by discussing and critiquing the termination at-will doctrine versus just-cause termination, and the alternative dispute resolution processes by which employment disputes are settled.
February 8, 2012
This article considers the great importance of the rights granted to farmworkers by AgJOBS, and then discusses the insufficiency of the arbitration and mediation clauses with which the bill purports to enforce these rights. It then provides an employment law framework for considering AgJOBS by discussing and critiquing the termination at-will doctrine versus just-cause termination, and the alternative dispute resolution processes by which employment disputes are settled.
