ADR, Arbitration, Featured Articles, HNLR Online Article, Lead Article

Forced into Employment Arbitration? Sexual Harassment Victims are Saying #MeToo and Beginning to Fight Back—But They Need Congressional Help

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Samuel D. Lack   Abstract   As awareness of the prevalence and pervasiveness of workplace sexual harassment has grown in the United States, so too has the use of mandatory arbitration clauses in employment contracts, shepherding employee claims out of courtrooms and into private arbitration proceedings. Though private arbitration is often touted as cheaper and more efficient than traditional litigation, employees are significantly less likely to win in arbitration and, when they do, their awards […]

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Welcome

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The Harvard Negotiation Law Review (HNLR) is one of the country’s leading journals of negotiation and dispute resolution scholarship.

ADR, Collaborative Law, Effective Communication, HNLR Online Article

Collaborative Divorce: A Model for Effective Problem-Solving and Prevention

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A Review of Forrest S. Mosten, Collaborative Divorce Handbook* By Thomas D. Barton** Introduction Collaborate Divorce Handbook, by Forrest S. Mosten, delivers what its title suggests–a complete, point-by-point practical guide for lawyers wishing to learn about collaborative divorce techniques.  But this book also offers much more, and to a far broader readership.  It can inspire all lawyers to adopt a stronger, more effective, and more personal approach to clients.  It can inform related professionals–mental health

ADR, HNLR Online Article, Mediation

Making Settlements Stick: How to Encourage Compliance with Mediated Agreements

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By Stephanie Singer Even though mediated settlements often have the force of law behind them, no party wants to have to go to court or return to the negotiating table to enforce an agreement.There are a number of steps a mediator can take to encourage parties to honor their commitments, both during the mediation session and in the structure of the resulting agreement. Emphasize the Parties’ Relationship Parties are more likely to comply with an

ADR, Collaborative Law, HNLR Online Article

Two Legal Rivers Converge in Collaborative Law

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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

ADR, HNLR Online Article, Mediation

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

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“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

ADR, Conflict Management, HNLR Online Article, Mediation

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

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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

ADR, Arbitration, Collaborative Law, HNLR Online Article, Mediation

Junctions Along the ADR Spectrum

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As ADR practitioners get out and educate the public about the various alternative dispute resolution processes, we frequently hear some of the same questions asked. People want to know the differences between this approach and that one, between what I do and what other lawyers do, between facilitative and evaluative mediation styles.  In order to best help our clients, we need to be able to successfully and clearly answer their questions. What’s the difference between

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