Lead Article

Addressing Domestic Violence in Mediation: The Need for More Uniformity and Research

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Richard McCutcheon[1] Abstract Mandatory mediation orders in the context of domestic violence have been a point of controversy for nearly three decades. As mandatory mediation has exploded in popularity across family court systems, legislators and courts have struggled to create best practices for mediating domestic violence. To ensure the suitability of mediation and the safety of the mediation participants, courts may use a screening device to detect domestic violence issues. However, due to poor screening […]

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

Featured Articles, HNLR Online Article, Lead Article

How Litigation Funders Have Improved the Quality of Settlements in America

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Robert B. Fuqua Abstract Litigation finance is a form of specialty funding used by litigants and law firms to pay the high costs associated with maintaining a legal claim. In a typical agreement, a litigation funder pays a portion of a client’s litigation expenses in exchange for a share of the lawsuit’s recovery. The loan is non-recourse, so if the client loses the case, the funder will lose the investment. This form of legal financing

Conflict Management, HNLR Online Article, Lead Article, Negotiation

“Behind-the-Table” Conflicts in the Failed Negotiation for a Referendum for the Independence of Catalonia: A Student Note by Oriol Valentí i Vidal

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By Oriol Valentí i Vidal* Spain is facing its most profound constitutional crisis since democracy was restored in 1978. After years of escalating political conflict, the Catalan government announced it would organize an independence referendum on October 1, 2017, an outcome that the Spanish government vowed to block. This article represents, to the best of the author’s knowledge, the first scholarly examination to date from a negotiation theory perspective of the events that hindered political

HNLR Online Article, Lead Article, Mediation

Power Imbalances in Mediation: A student note by Amrita Narine

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By Amrita Narine* In recent years, mediation has become increasingly popular and now represents a viable option for parties in a variety of scenarios. Despite its rising popularity, mediation has received mixed responses because of the potential to entrench preexisting power imbalances. This paper will explore the usefulness of mediation when dealing with an imbalanced power dynamic. In part I, this paper will focus on defining power within mediation. Part II will explore the critiques

Lead Article

HNLR Student Note Competition

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The Harvard Negotiation Law Review (HNLR) invites you to participate in our inaugural student note competition. Entrants are invited to write about any topic related to Alternative Dispute Resolution, including negotiation, mediation, arbitration, dispute systems design, conciliation, restorative justice, and facilitation.

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