In this article, Adler talks about the biases associated with the negotiation process. The primary focus is on heuristics and related biases, cognitive biases associated with heuristics, egocentric biases, and .mixed and miscellaneous biases. It concludes by suggesting steps to avoid the biases discussed in this article as well as other negotiation biases that may exist.
George Ross, Donald Trump's negotiator, gives insight into the techniques and skills he acquired as a negotiator for over 50 years. The product of his experience has culminated into what is known as trump style negotiation, and the book illuminates and teaches the varies strategies of this negotiation style.
Courts should refuse to enforce overly vague Islamic mahr marriage agreements. US judicial interpretation of mahr agreements has been inconsistent and leads to confusing precedent. Non-enforcement will incentivize users of mahr agreements to reform them to be less vague and to include arbitration provisions.
Author examines how mediation education is being offered in law schools. The article shows how mediation education utilizes educational precepts inherent to Jesuit education. Use of these precepts amplify the effectiveness of mediation education.
A growing body of qualitative evidence shows that loss aversion, a phenomenon formalized in prospect theory, can explain a variety of field and experimental data. Quantifications of loss aversion are, however, hindered by the absence of a general preference-based method to elicit the utility for gains and losses simultaneously. This paper proposes such a method and uses it to measure loss aversion in an experimental study without making any parametric assumptions. Thus, it is the first to obtain...
This article introduces the mediation process to administrative lawyers in Texas. It defines the procedures used in alternative dispute resolution, the provisions of the Alternative Dispute Resolution Procedures Act of 1996, and how the Act applies to and interacts with Texas law. The article also illustrates the lawyer's role in ADR procedures and explains to the lawyer what to expect in mediation.
This article examines the logical implications of arbitral decisions finding the Argentine government liable for defaulting on approximately $100B in debt to investors during Argentina's financial crisis in 2002. The author argues that bilateral investment treaties (BITs, under which investors brought claims against the government, do not provide investors as a class the ability to seek relief. The author concludes that liability imposed on the government by arbitrators is inappropriate.
This article discusses the role that WTO DSM plays in international dispute resolution, highlighting the fast, effective, and neutral channel for dispute resolution among its member states.