All posts by Jen Reynolds

Weidemaier on How Arbitrators Use and Create Precedent

Mark Weidemaier (University of North Carolina) has posted Judging Lite: How Arbitrators Use and Create Precedent. The abstract: Common wisdom has it that arbitrators neither follow nor make precedent, with potentially dire consequences. These include the failure to enforce individual rights and the possibility that, over time, widespread use of arbitration will result in the … Continue reading Weidemaier on How Arbitrators Use and Create Precedent

Ganson on Business and Conflict Prevention

Brian Ganson (University of Stellenbosch Business School, Cape Town, South Africa) has published a paper with the Geneva Peacebuilding Platform (2011, Series Paper No. 2) in connection with their conference on “Strengthening International Support for Conflict Prevention.” From the Introduction: Practitioners, scholars and institutional actors focus on the predatory aspects of business in fragile environments … Continue reading Ganson on Business and Conflict Prevention

Hyman on the Roots of Impasse

Jonathan Hyman (Rutgers) has posted The Roots of Impasse in the Mind of the Mediator, a book chapter in Definitive Creative Impasse-Breaking Techniques in Mediation (Molly Klapper ed., 2011). The abstract: Impasse in mediation can arise on a fundamental level from differences in the cognitive frameworks within which the participants – and the mediator – … Continue reading Hyman on the Roots of Impasse

Young on Teaching Ethics

Paula Young (Appalachian) has published two papers on teaching ethics in law school. Her 2011 article, Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, builds on her previous article, Teaching Professional Ethics to … Continue reading Young on Teaching Ethics

Kuttner on the Wave/Particle Tension in Negotiation

Ran Kuttner (Creighton) has posted The Wave/Particle Tension in Negotiation, forthcoming in the Harvard Negotiation Law Review.  The abstract: Using the wave/particle duality, a central principle in quantum physics as a metaphor, this article describes two different modes of human interaction that a negotiator should be aware of when conducting her negotiations-within, i.e. her internal … Continue reading Kuttner on the Wave/Particle Tension in Negotiation

Hoffman on Mediation and the Art of Shuttle Diplomacy

David Hoffman (Boston Collaborative Group) has posted Mediation and the Art of Shuttle Diplomacy. The abstract: Mediation caucusing — that is, separate meetings conducted by the mediator with some, but not all, of the parties — is widely used, but it has become increasingly controversial, as some mediators advocate for a no-caucus form of mediation … Continue reading Hoffman on Mediation and the Art of Shuttle Diplomacy