This entry for the International Encyclopedia of the Social & Behavioral Sciences, 2nd ed. defines and describes modern processes of dispute resolution beyond court adjudication, including negotiation, mediation, arbitration and a variety of new hybrid forms of dispute resolution (e.g. med-arb,...

In these politically divided times discourse is at a new low, affecting the polity and all everyday relations. This essay reviews some of the sources of the dysfunction (affinity bubbles, “moral tribes,” “politically correct” limits on acceptable speech) and offers some guidance on what...

This essay of memorial appreciation of mathematician, game theorist, decision scientist and negotiation analyst Harvard professor Howard Raiffa explores some of Raiffa’s contributions to multi-party negotiations, as the number of negotiators (N …) and issues affect process choices in...

This Essay argues that conventional conceptions of the lawyer’s role as an advocate for a client with the purpose of maximizing client gain have resulted in a code of ethics and body of law that enshrines adversarial ethics as a normative matter. Adversarial ethics are inadequate for many...

This article suggests that recent work in the social and cognitive psychology of creativity may suggest some useful ways of structuring legal problem solving, in both negotiation and litigation contexts. Building on Professor Menkel-Meadow's earlier work on problem solving negotiation, she...

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...

This Article reports the first ever empirical study of how Chinese- owned businesses in the United States utilize contract clauses to choose dispute processes. As a large and recent source for foreign direct investment in the United States, China presents an interesting case study of whether...

This is a review essay on the occasion of the 25th anniversary of the publication of Roger Fisher, William Ury and Bruce Patton's, Getting to Yes, which reviews the interdisciplinary field of Negotiation and how it came to be, as well as where it is heading. The review focuses on constituent...

Many scholars have developed maps of impact and periodization of ideas and eras in the last fifty years of the socio-legal field. More recently other fields (e.g. behavioral economics) have both used and co-opted basic concepts and studies of the older socio-legal field (e.g. group behavior in...