This paper explores the several dimensions of the term "feminization" of the legal profession. On the one hand, we can consider the profession feminized simply by the increased number of women in the pro- fession. On the other hand, the question of whether the profession will be...

This commentary on mediating multiculturally in a chapter of Mediation Ethics (edited by Ellen Waldman) suggests there are times when mediators should not mediate, because of their own ethical commitments. Commenting on a hypothetical divorce scenario (of Ziba, a 17 year old from her 44 year old...

This essay explores how application of deliberative democracy and conflict resolution theories expose how the town hall meetings conducted on debates about recent American healthcare reform were poorly managed. The article suggests that for truly deliberative democracy to work, theory and...

This essay describes how Israeli students in a course on mediation and consensus building taught in an Israeli university law department by an American law professor and an Israeli instructor analyzed and studied the conflict in the Middle East. It describes the suggestions they made for process...

The essay reviews the content of twenty-five years of the Harvard Program on Negotiation's Negotiation Journal, identifying themes and issues explored on its pages in the past, the current issues challenging the field’s scholars and practitioners, and the issues likely to confront us in the...

This essay discusses the factors which are encouraging or disabling collaborative decision making and legal processes in environmental disputes. As a commentary on Brad Karkkainen's article on the use of collaborative processes in situations of both "natural and legal destabilization" events,...

This essay (as a festschrift/melanges en l'honneur de Pierre Tercier, outgoing Chairman of the International Chamber of Commerce International Court of Arbitration and Professor at the University of Fribourg, Switzerland) argues that it is possible and desirable for such bodies as the ICC to...

This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced - criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews - by examining...

The story of ADR in the US is one of ‘co-optation’ of what was to be a serious challenge to formalistic and legalistic approaches to legal and social problem solving and is now highly institutionalized by its more formal use in courts. At the same time, use of private forms of dispute...

This essay asks questions about whether there can be a jurisprudence or legal theory of peace and non-violence. Based on a talk at a symposium at Harvard, hosted by the Unbound journal, the article suggests that law should promote peace, non-violence and human flourishing, as much as it...