Harvard Negotiation Law Review

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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…]

The Self-Fulfilling Prophecy: The Value of Empowering Your Counterparts to Collaborate

Businessdictionary.com defines the Self-Fulfilling Prophecy as “[E]xpectations about circumstances, events, or people that affect a person’s behavior [such that] he or she (unknowingly) creates situations [that fulfill] those expectations.”  In other words, your predictions about a situation (and therefore how you act in that situation) will cause those predictions to come true.

But what does this have to do with you as a negotiator?  More than you think.  In a typical negotiation with at least two partners per side, your beliefs about them, and what you anticipate from them, will influence your actions, which will in turn influence their reactions.  When your counterparts on the other side of the table are in disagreement with each other, they look to you to confirm or disconfirm their various hypotheses.  Therefore, your actions inevitably and directly prove one side correct and the other incorrect, thereby empowering one faction over another, influencing their behavior and completing the cycle of self-fulfilling prophecies!

[Read more…]

No Silver Burress for Plaxico’s Bullets: How an Unstructured Approach to Problem-Solving Can Produce Mixed-Up Results

On November 28, 2008, New York Giants wide receiver Plaxico Burress accidentally shot himself in the thigh with an unlicensed handgun while partying at a New York City nightclub. Beyond the poor judgment of the incident itself was the short-sightedness of the team’s response to it, which demonstrated just how inadequate problem-solving can be when conducted without the use of a structured approach.

The major flaw lay in failing to properly diagnose the problem and failing to sufficiently brainstorm possible solutions. In this way, the Giants ended up treating the symptoms of the problem rather than the problem itself. Deliberately following a model such as the Four Quadrant Tool for problem-solving* would have helped the team avoid the classic misstep of jumping straight from describing the symptoms of a problem (step one) to generating an action plan going forward (step four).

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[Read more…]

Tomorrow’s Peacemakers: How to Encourage the Next Generation of Conflict Management Professionals

Ask Luis Moreno-Ocampo, chief prosecutor of the International Criminal Court in The Hague, how he thinks we can make the world a better place, and he’ll answer without hesitation that we must teach young people how to deal with conflict better.  In a conversation with us earlier last year, he spoke about our obligation to foster a generation of global citizens equipped to create value and improve relationships within families, across organizations, and among nation-states.

buying glasses online

We believe the best way to fulfill this obligation is to encourage passion, teach theory, develop skills, and provide real-world opportunities through a multi-pronged approach involving combined classroom-clinical curricula, internships and jobs with clear professional development plans, and innovative customized experiences such as fellowships.

Blending Classroom and Clinical Education

Conflict management education requires the development of blended classroom-clinical curricula. It should begin as a fundamental component of youth education and continue through higher levels of academia. We need to move toward creating school-wide workshops, after-school international conflict management organizations, and negotiation competitions.

[Read more…]

Junctions Along the ADR Spectrum

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 arbitration and mediation?

What is the difference between mediation and collaborative law? What does a case evaluator do differently from a mediator?

Where does the word “ombuds” come from, and how is an ombuds different from a human resources person?

How is mediation used as part of the collaborative process different from mediation that takes place in litigation?

Is arbitration all that different from litigation?

If we as ADR practitioners educate the public about the tremendous untapped resources available to them within the ADR spectrum, and engage in ongoing discussion with our potential clients about the value of ADR and the differences between approaches, we will be more successful in educating end users and referral sources about our respective services.  And we will achieve greater buy-in and use of our ADR services by the public.

[Read more…]

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Recent Online Articles

  • Addressing Domestic Violence in Mediation: The Need for More Uniformity and Research
  • What Are We Learning About Convening Peace in a Pandemic?: Authors Lisa Dicker and Danae Paterson Reflect on their Spring 2020 Article
  • Forced into Employment Arbitration? Sexual Harassment Victims are Saying #MeToo and Beginning to Fight Back—But They Need Congressional Help
  • How Litigation Funders Have Improved the Quality of Settlements in America
  • “Behind-the-Table” Conflicts in the Failed Negotiation for a Referendum for the Independence of Catalonia: A Student Note by Oriol Valentí i Vidal
  • Power Imbalances in Mediation: A student note by Amrita Narine
  • “Son be a Dentist:” Restorative Justice and the Dalhousie Dental School Scandal by Annalise Acorn
  • Negotiating the Non-Negotiable: National Security & Negotiation
  • Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration
  • Bargaining in the Shadow of the “Law?” — The Case of Same-Sex Divorce

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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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