Harvard Negotiation Law Review

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Archives for April 2009

Two Legal Rivers Converge in Collaborative Law

By Michael Zeytoonian, Esq. & R. Paul Faxon, Esq.

Transactional law, centered on structuring voluntary and private business deals, and civil litigation, involving legal disputes between parties who need the public courts to impose a judgment, occupy different worlds in the practice of law.  On those rare occasions that these legal disciplines do intersect, it is neither by design nor is it typically welcomed with enthusiasm. However, one noteworthy exception exists – in the freeing and creative world of collaborative law.  Within the framework of resolving disputes collaboratively, the skill sets and insights of these two disciplines within the law not only are allowed to complement each other, they bring out the best in each other and their practitioners.  The result is a synergy in which the sum is greater than each of its parts, and the elusive win-win resolution of a dispute.

The two authors know this to be true not only in theory, but also because they experienced this outstanding result in a collaborative case.  The proof is found in the outcome of a breakup, and resulting successful re-structuring, of a closely-held corporation of four partners.  Paul Faxon, a commercial transactional attorney, represented three majority shareholder partners, and Michael Zeytoonian, a litigator, represented the minority shareholder partner.  The two collaborative lawyers discovered that each of their respective perspectives brought different insights into the collaborative process, feeding off each other and providing the necessary elements to complete the resolution of the dispute in a way that met the needs of all parties.

[Read more…]

Communication 2.0: The Perils of Communicating Through Technology

Think of all the ways our lives have been made easier and more efficient with technology.  With just the click of a button (or a mouse), we have the world at our fingertips.  Communication alone has changed drastically over the past decade (for the better, right?).  Besides face-to-face meetings and phone calls, we have email, instant messaging (IM), text messaging, eNewsletters, blogs, list-servs, online forums and threads, virtual reality, webcasts and webinars (and more that I’m not aware of, I’m sure) that enable us to keep in touch.  Just a short time ago our primitive ancestors communicated via fax, courier and (gasp!) snail mail.  Life really has gotten easier.

Or has it?

[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.

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