This article adds consideration of context to the continuing focus on critical moments. In particular, there are contextual circumstances and other factors in which a critical moment involves bringing things to a halt—saying “no.” This is contrary to the improvisational notion of “yes,...

This essay describes the multi-party, multi-issue negotiations of the American Constitutional Convention in Philadelphia (1787), using the lens of negotiation theory. Expert process leadership by George Washington, James Madison and Benjamin Franklin, with deliberation about process rules (e.g....

This review essay (this is the unedited version of the essay to be published in 35 Negotiation Journal 337-361, 2019) reviews the book, Kissinger the Negotiator: Lessons from Dealmaking at the Highest Levels by James Senbenius, Nicholas Burns and Robert Mnookin, (Harper Collins, 2018). The essay...

This essay, as the opening of a Symposium (festschrift) issue in honor of my work on dispute resolution, civil rights, feminism, legal ethics and the sociology of the legal profession begins with an analysis of “fair” distribution in negotiation, using contexts, stories, metaphors and...

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...

The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political...

The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political...

This essay is an introduction to a symposium on Alternative Dispute Resolution. The essay reviews the development of scholarship, theory development, teaching and policy analysis in the law schools and through related disciplines, first in negotiation and then more broadly in alternative dispute...

On the occasion of the 30th Anniversary of the Center for Public Resources-International Institute for Conflict Prevention & Resolution, Professor Menkel-Meadow considers the issues in maintaining high quality and integrity in the use of ADR methods, including mediation, negotiation and...

This chapter explores how the primary and basic processes of negotiation, mediation, arbitration and adjudication have been blended, combined and changed to produce new forms of hybrid and mixed dispute resolution processes, which vary the roles of the parties (self-determination in mediation;...