Harvard Negotiation Law Review

  • Home
  • Scholarly Articles
    • Articles
    • HNLR Online Articles
  • Submissions Information for Authors
  • Student Note Competition
    • 2022 – 2023 Student Note Competition
    • 2020-2021 Student Note Competition Winner
  • Symposiums
    • Symposium 2022
    • Symposium 2020
    • Symposium 2019
    • Symposium 2017 (Fall)
    • Symposium 2017 (Spring)
    • Symposium 2016
    • Symposium 2015
    • Symposium 2014
    • Symposium 2013
    • Symposium 2012
    • Symposium 2011
    • Symposium 2010
  • Contact
  • Executive Board
  • Subscriptions
  • Join HNLR – Spring 2023 Subcite

Archives for March 2009

U.S. Corporations Should Implement In-House Mediation Programs Into Their Business Plans To Resolve Disputes

“We decided that we wanted to regain control of our money, of our documents, of our reputation and of our time,” said Andrew Byers, overseer of The Toro Company’s mediation program, regarding why The Toro Company of Bloomington, MN implemented a mediation program to settle their in-house and customer disputes as an alternative to litigation. [1]

According to professional mediator Michael Roberts:

“We are in the midst of a litigation crisis. The high cost and long delays associated with the trial of civil matters often make litigation an impractical method of resolving disputes. It is not uncommon for the attorney’s fees, expert witness fees, jury fees, court reporter fees and other related costs to exceed the amount in dispute. Parties increasingly find that they are spending more to litigate than the cost to settle the matter. The increasing number of lawsuits filed each year is indicative of the unwillingness or inability of parties and their attorneys to effectively utilize negotiation to resolve disputes. Because the current legal environment discourages the early settlement of disputes, society is demanding a new approach for resolving disputes more efficiently. That new approach is mediation.”

This article discusses why today’s American businesses and corporations should practice alternative dispute resolution by implementing mediation-approach programs into their business plans to settle customer, employee and contractual disputes in order to save money and resources beyond dollars rather than immediately resorting to traditional litigation. In-house ADR programs and policies, specifically mediation, enhance corporations’ business relationships, save valuable time, and offer significant cost savings in comparison to traditional litigation.

[Read more…]

Using Mediation to Resolve Disputes Between U.S. Military Bases and Foreign Hosts: A Case Study in Japan

The U.S. military presence in Japan has provided great stability in a region of uncertainty. In recent years, the importance of the U.S. military in Asia has been underscored by continuing volatility in North Korea, the growth of terrorist organizations and pirates, and expanded human trafficking.[1] A continued relationship between the Japanese and the U.S. military is vital to regional stability, the protection of maritime commerce routes, and the countering of proliferation of weapons of mass destruction, terrorism, piracy, and human trafficking.[2]

In the last thirty years, relations between local Japanese communities and the U.S. military have been strained, largely due to incidents occurring in the local communities involving off-duty military personnel. According to one source, over 4700 crimes have been committed in Japan by U.S. military personnel since 1972, causing extensive anti-American sentiment throughout the country.[3] The conflicts between U.S. military bases and local Japanese communities have found resolution at the highest levels of government. In the process, the interests of several parties have been lost. Perhaps a new method of dispute resolution should be considered: namely, mediation.

[Read more…]

About HNLR

Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic analysis.

The Harvard Negotiation Law Review works to close this gap by providing a forum in which scholars from many disciplines can discuss negotiation as it relates to law and legal institutions. It is aimed specifically at lawyers and legal scholars.

OUR FLAGSHIP SPONSOR

Program on Negotiation at Harvard Law School

JOIN OUR MAILING LIST FOR INFORMATION ON UPCOMING EVENTS

Follow Us

  • Facebook
  • X

Copyright © 2025 · Outreach Pro on Genesis Framework · WordPress · Log in