The differing interpretations of professional codes of conduct throughout the world can lead to unfair proceedings in international arbitration. The author argues that the different national legal systems in which lawyers are trained creates points of divergence in ethics, which can lead to unfair advantages. The article suggests international standards, a checklist approach in which the parties establish standards, and initiative by tribunals in procedural conference as potential solutions.
The author discusses how mediation improves the efficiency of the negotiation process by overcoming strategic, cognitive, and structural obstacles present when two attorneys negotiate directly with one another.
Summarizing panel discussions between auction practitioners and researchers at Northwestern University, this essay reviews the recent growth of on-line auction sites and addresses some of their key benefits and costs. We also describe recent research on bidder behavior, focusing on bidder reactions to different auction mechanisms. We believe that there is immense potential for communication and collaboration between auction practitioners and researchers. Such dialogue could supply researchers timely,...
Mediation may provide the most effective means of resolving end-of-life disputes. This article provides background information regarding previous judicial attempts at resolving end-of-life disputes, examines the interests that the parties involved may value when considering the termination of lifesustaining treatment, addresses some of the bioethical concerns surrounding the decision to terminate life-sustaining treatment, and proposes that parties attempt to resolve end-of-life disputes using a neutral...
In this book, the authors focus on spoilers: groups and tactics that actively seek to obstruct or undermine conflict settlement through a variety of means, including terrorism and violence. The book takes a critical approach to the concept of spoiling and considers a broad range of actors as potential spoilers.
Explores the domestic critique and international promotion of ADR. Sternlight concludes that domestic critiques of alternative dispute resolution procedures have been addressed in foreign jurisdictions, and this article explains these international experiences.
Author provides a practical guide to navigating government contract negotiations. Topics range from pre-negotiation preparation to negotiation strategy and tactics.