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Horizons: Conversations About Future Directions in Dispute Resolution

Thursday, January 29, 2015
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Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

Negotiation

ARTICLES  (Jump to Books)

Ariel Ayanna, From Children’s Interests to Parental Responsibility: Degendering Parenthood Through Custodial Obligation, 19 UCLA Women’s L.J. 1 (2012).
This article focuses on negotiations between parents in custody disputes. The article examines how gender bias against men affects fathers in such disputes, and how often fathers agree to an unfair settlement because they believe they would lose in litigation. The author argues that fathers can overcome this gender bias by threatening joint custody, some of who the article believes are not legitimately interested in achieving, in order to level the playing field in custody dispute talks.
{1} NEGOTIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{123} SETTLEMENT: PRESSURES TO SETTLE
 
Rishi Batra, Resolving Disputed Elections Through Negotiation, 27 Ohio St. J. on Disp. Resol. 371 (2012).
This article explores why self-interested candidates and their associated parties may be interested in a negotiated outcome, what the scope of such an agreement could look like, and how to overcome barriers to such a negotiated result. It examines potential roadblocks to negotiated solutions and examines two potential solutions in the form of either legislatively mandated mediation or judicially encouraged settlement of the dispute.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T

Amy Bitterman, Settling Cultural Property Disputes, 19 Vill. Sports & Ent. L.J. 1 (2012)
This article examines the various settlement possibilities for disputes over artwork and antiquities. In addition to discussing the possible settlement outcomes, the article details the preparations necessary for settlement, as well as the contents of the settlement agreements themselves.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{136} ECONOMIC ADVANTAGES OF ADR
 
Jennifer Gerarda Brown, Deeply Contacting the Inner World of Another: Practicing Empathy in Values-Based Negotiation Role Plays, 39 Wash. U. J.L. & Pol’y 189 (2012).
Role playing highly emotional value-based disputes in the classroom can help students explore the various levels of empathy necessary for successful negotiation. In the role play, students become emotionally invested and may adopt values different from their own. This exercise helps to broaden the students’ capacity for empathy, which shall prove useful in dispute resolution.
{1} NEGOTIATION—GENERAL
{83} SUBJ MATTER: EDUCATION

Stephanie A. Bruno, Note, Insuring the Knot: The Massachusetts Approach to Postnuptial Agreements, 45 Suffolk U. L. Rev 397 (2012).
This article discusses the history and value of a postnuptial agreement.  It talks about how they are negotiated and how it can be an alternative to costly litigation.
{1} NEGOTIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
 
Michael W. Carroll, Copyright’s Creative Hierarchy in the Performing Arts, 14 Vand. J. Ent. & Tech. L. 797 (2012).
This article argues that copyright law grant writers too many rights for creative control over their works and examines the negotiation process that occurs between writers and performers. The article continues by developing a way Congress might create a statutory license to level the playing field between writers and performers.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Clayton Cox, Note, Learning Together: Using ADR to Improve Communication and Collaboration in Education, 2012 BYU Educ. & L. J. 191 (2012).
This work examines the often tenuous relationships between school systems, employee unions, and families in the field of education negotiation. The author suggests increasing the use and scope of ADR to reach mutually beneficial agreements while dialing down the hostility often associated with education reform negotiations.
{1} NEGOTIATION—GENERAL
{83} SUBJ MATTER: EDUCATION
 
Kate Darling, Contracting About the Future: Copyright and New Media, 10 Nw. J. Tech. & Intell. Prop. 485 (2012).
The author discusses power imbalances and other disadvantages that exist in the relationship between authors and publishers in negotiating copyright licenses. Legislation may help to implement a balance in such relationships.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER:SPORTS & ENTERTAINMENT
{144} LEGISLATION
 
Cristian DeFrancia, Enforcing the Nuclear Nonproliferation Regime: The Legality of Preventive Measures, 45 Vand. J. Transnat’l L. 705 (2012).
This article explains the worldwide efforts to limit the proliferation of nuclear weapons and details a few historical examples of negotiations that played a key role in preventing countries from possessing more nuclear weapons. Specifically, the article examines the 1994 negotiations between North Korea and former U.S. President Jimmy Carter to limit North Korea’s access to nuclear weapons.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{125} COMPARISONS: HISTORICAL
 
Chris Deubert, Glenn M. Wong & John Howe, All Four Quarters: A Retrospective and Analysis of the 2011 Collective Bargaining Process and Agreement in the National Football League, 19 UCLA Ent. L. Rev. 1 (2012).
This article details the history of labor negotiations in the National Football League, examines the most recent labor disputes and subsequent legal actions, and ends with a detailed analysis of the 2011 NFL lockout that occurred following a dispute over the collective bargaining agreement.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Matthew Dimick, Labor Law, New Governance, and The Ghent System, 90 N.C. L. Rev. 319 (2012).
This article discusses a governance alternative for employers and unions known as the Ghent system. This appears to be a system that attempts to strengthen the working relationship between unions and employers and improve the bargaining between the two groups. It does have a focus on employer insurance and work place benefits, among other things.
{1} NEGOTIATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{124} COMPARISONS: CROSS-CULTURAL
 
Gabriel Feldman. Brady v. NFL and Anthony v. NBA: The Shifting Dynamics in Labor-Management Relations in Professional Sports, 86 Tul. L. Rev. 831 (2012).
The author of this work uses the two cases to illustrate the changing bargaining power in negotiations between professional athletes and managers, especially regarding lockouts. Specifically, this article addresses the players’ use of antitrust law to challenge these lockouts, and suggests that managers are in the midst of clawing back power that was largely lost in the era of player unions.
{1} NEGOTIATION
{74} SUBJ MATTER: ANTITRUST
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)

Gabriel Feldman, Antitrust Versus Labor Law in Professional Sports: Balancing the Scales After Brady v. NFL and Anthony v. NBA, 45 U.C. Davis L. Rev. 1221 (2012).
This article analyzes two cases, Brady v. NFL and Anthony v. NBA, that addressed the issue of collective bargaining agreements in professional sports.  The article argues that professional sports associations should not attack the rule of reason in the Sherman Antitrust Act in part because courts have consistently held in favor of the rule in a professional sports context and advocates for a new model of streamlining the rule of reason.
{1} NEGOTIATION—GENERAL
{107} SUBJMATTER: SPORTS & ENTERTAINMENT
 
Kathryn E. Fort, Waves of Education: Tribal-State Court Cooperation and the Indian Child Welfare Act, 47 Tulsa L. Rev. 529 (2012).
This article explains that the history between tribes and the United States has been antagonistic, but there has been a recent emphasis on solving disputes outside of the courtroom. Negotiation has been a major tool in solving the recent disputes. The article focuses on the relationship between the state of Michigan and its tribes and how Michigan courts enforce negotiated agreements reached between the two parties.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T
{123} SETTLEMENT: PRESSURES TO SETTLE
Jeremy T. Grabill, Judicial Review of Private Mass Tort Settlements, 42 Seton Hall L. Rev. 123 (2012)
The author examines the role of judges in examining private mass tort settlements and their struggle to apply established principles of judicial authority. The author argues that the well-established maxim that courts lack authority over private one-on-one settlements should apply here as well because each individual party has a decision, that does not affect the rights of absent unrepresented parties, of whether to accept the offered terms.
{1} NEGOTIATION—GENERAL
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD

Art Hinshaw & Jess K. Alberts, New Directions in Negotiation and ADR: Gender and Attorney Negotiation Ethics, 39 Wash. U. J.L. & Pol’y 145 (2012)
This article examines the relationship between gender and ethical reasoning in negotiation. The focus of the article is the results of a study the authors conducted.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{138} ETHICS: GENERAL
 
Ron Kendler, Note, Delayed Fight: The World Trade Organization Dispute Settlement Mechanism, Negotiation, and the Transatlantic Conflict Over Commercial Aircraft, 35 B.C. Int’l & Comp. L. Rev. 253 (2012).
This work focuses on the World Trade Organization’s Dispute Settlement Mechanism  (DSM) through an examination of litigation brought by European and U.S. aircraft manufacturing industries. The note highlights the settlement scenarios under the DSM and how parties obtain such negotiated settlements through this channel absent formal litigation.
{1} NEGOTIATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Jordan I. Kobritz, Jeffrey F. Levine, & Steven C. Palmer, Don Fehr Trades his Ball for a Puck: Will he Continue to Score?, 19 Vill. Sports & Ent. L.J. 521 (2012)
This article examines the various issues that new National Hockey League Players’ Association head Donald Fehr will have to negotiate with the NHL for the next collective bargaining agreement. These issues include revenue sharing, escrow payments, international player participation, the salary cap, roster sizes and guaranteed contracts, unrestricted free agency, player safety, division realignment, long-term, front-loaded contracts, Fehr’s successor, and negotiating strategy.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Shiri Krebs, Lifting the Veil of Secrecy: Judicial Review of Administrative Detentions in the Israeli Supreme Court, 45 Vand. J. Transnat’l L. 639 (2012).
In this article, 322 cases of administrative detentions and the role that forms of alternative dispute resolute, like negotiation and mediation, play in determining sentencing are analyzed. The author examines not only how negotiations impact initial sentences, but also the release of detainees. The author contends that the unequal bargaining positions of the parties in the negotiations often lead to unfair results.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
 
John Lande, New Directions in Negotiation and ADR: Teaching Students to Negotiate Like a Lawyer, 39 Wash. U. J.L. & Pol’y 109 (2012)
This article suggests ways instructors can improve and better teach negotiation classes. The article focuses on how to get students to think like negotiators, problems with the contemporary use of negotiation simulations, and ideas for overcoming those problems.
{1} NEGOTIATION—GENERAL
{83} SUBJ MATTER: EDUCATION
{155} TEACHING
 
Michael H. LeRoy The Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining, 86 Tul. L. Rev. 859 (2012).
Examining the relationship between antitrust litigation and collective bargaining, this article argues that players are becoming “addicted” to court settlement processes through the Sherman Act rather than collective bargaining. The author asserts that until the courts refrain from entertaining these suits, players will estimate that their settlement odds are much better in court and subvert the collective bargaining process.
{1} NEGOTIATION—GENERAL
{74} SUBJ MATTER: ANTITRUST
{123} SETTLEMENT: PRESSURES TO SETTLE
 
Hon. Douglas E. McKeon, New York’s Innovative Approach to Medical Malpractice, 46 NEW ENG. L. REV. 475 (2012).
This article describes the programs that the state of New York has put in place to reduce premiums of medical malpractice and Medicaid costs. These programs include the Judge Directed Negotiations Program and Medical Indemnity Fund.
{1} NEGOTIATION—GENERAL
{98} SUBJ MATTER: MEDICAL MALPRACTICE
 
Jillian N. Morphis, Negotiations Between the WGA and AMPTP: How to Avoid Strikes and Still Promote Members’ Needs, 12 Pepp. Disp. Resol. L.J. 525 (2012).
Although the Writers Guild of America and Alliance of Motion Picture and Television Producers reached agreements that ended the strikes in 1988 and 2007, the strikes were costly and inefficient uses of time that could have been avoided. If the parties are unable to reach an agreement that is favorable to their members, they should hire a neutral third party to mediate their discussions. This mediator will help the WGA and AMPTP maintain control of the dispute while facilitating the discussions, allowing the parties to reach an agreement, and avoid future strikes by the writers.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
 
 
Lauren A. Newell, Happiness at the House of Mouse: How Disney Negotiates to Create the “Happiest Place on Earth,” 12 Pepp. Disp. Resol. L.J. 415 (2012).
Disney’s success in meeting its counterparties’ Core Concerns differs markedly in its negotiations with guests and with cast members. Its adherence to its negotiation process is a large reason for the success of the corporation.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
Catherine Phillips, Note, The Lost Democratic Institution of Petitioning: Public Employee Collective Bargaining as a Constitutional Right, 10 First Amend. L. Rev. 652 (2012)
This note explores the idea that collective bargaining by public employees should receive heightened constitutional protection. The author addresses the history of public employee unions, the historical context of the constitutional right to petition, Supreme Court jurisprudence concerning the right to petition, and the argument for public sector collective bargaining receiving protection under the right to petition the government for redress of grievances clause of the Constitution.
{1} NEGOTIATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL

Erick V. Posser, Brady v. NFL: How the Eighth Circuit “Saved” the 2011 NFL Season by Supporting Negotiation, not Litigation, 19 Vill. Sports & Ent. L.J. 603 (2012)
This article argues the Eighth Circuit’s decision in Brady v. NFL saved the 2011 NFL season by supporting negotiation. The article provides an overview of the relationship between the NFL and the NFL Players Association, the events leading up to the case, the court’s reasoning in the decision, the strengths and weaknesses of that decision, and the impact the case will have on future labor disputes in professional sports.
{1} NEGOTIATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT

Jennifer W. Reynolds, On Commitments, 39 Wash. U. J.L. & Pol’y 231 (2012).
Negotiators should reorient their perspectives of negotiations in a way that appreciates the ongoing impact and significance of both past decisions and present agreements. Considering the implications of interest-based commitments during a negotiator’s preparation and process, may improve the agreement’s longevity and party-approval.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Peter Robinson, Opening Pandora’s Box: An Empirical Exploration of Judicial Settlement Ethics and Techniques, 27 Ohio St. J. on Disp. Resol. 53 (2012).
This article is an empirical study of what judges do when they facilitate a settlement they believe is substantially different from the usual range of outcomes at trial. It looks into the blurring of judicial roles as settlement facilitator and decisionmaker and the policy concerns that may arise.
{1} NEGOTIATION—GENERAL
{102} SUBJ MATTER: PUBLIC POLICY
{121} SETTLEMENT: AUTHORITY
 
Elliot Patterson Saccucci, Revisiting the NHL Collective Bargaining Agreement: Undermining the Spirit of the Cap, Implications to the Agent, and Prospective Remedies for the League’s Consideration, 19 Sports Law. J. 145 (2012)
This article discusses collective bargaining in the NHL and the representatives athletes rely on to bridge the gap in sophisticated professional sports. The article examines the motivations for crafting the NHL’s collective bargaining agreement and  the roles of agents as negotiating fiduciaries for players. The author suggests ways the NHL may modify the next collective bargaining agreement to uphold the concurrent goals of various players in the negotiation process.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{146} ORGANIZATION POLICIES & RULES
 
Jordan G. Spahr, Seeking Public Employee Relations Act Remedies Following Association of Pennsylvania State Colleges & University Faculties v. Pennsylvania Labor Relations Board: Is Collective Bargaining an Amicable Solution Or a Band-Aid?, 21 Widener L.J. 475 (2012).
Collective bargaining may no longer be a fair way to manage disputes between unions and employers. Collective bargaining agreements preclude some employees from seeking appropriate relief through the courts for unfair employment practices.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
Andrea Kupfer Schneider, New Directions in Negotiation and ADR: Teaching a New Negotiation Skills Paradigm, 39 Wash. U. J.L. & Pol’y 13 (2012)
This article focuses on the labels that have traditionally been assigned to different negotiation styles. The article explores why the labels exist, the problems with these labels, and a new way to teach negotiation skills across a variety of contexts.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Paul Spruhan, Standards Clauses in State-Tribal Agreements: The Navajo Nation Experience, 47 Tulsa L. Rev. 503 (2012).
This article discusses attempts made between the Navajo Nation and states such as Arizona and New Mexico to create contract clauses. The author examines the role of negotiation techniques in the creation of said contracts. The author argues that the standard contract clause model implemented by the Navajo Nation and various states should act as a template for future contract negotiations between other Native American groups and states.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T
 
Jennifer E. Sturiale, Compulsory Licensing of Intellectual Property as Merger Remedy: A Decision-Theoretic Approach, 72 La. L. Rev. 605 (2012).
This article discusses the various advantages and disadvantages of using a compulsory license as a merger remedy. In analyzing the various benefits and drawbacks, the author proposes alternatives to imposing a compulsory license; including using negotiation strategies. The author recognizes that negotiation may be better tailored to specifically address and target effects of the merger, more so than other proposed solutions.
{1} NEGOTIATION—GENERAL
{81} SUBJ MATTER: CORPORATE
 
Kouslaa Tunee Kessler-Mata, Empowerment Through Incorporation? The Trouble With Agreement Making and Tribal Sovereignty, 47 Tulsa L. Rev. 599 (2012).
This article discusses institutionalized agreements between Native American tribes and state or local governments and examines how various forms of negotiations in these agreements help to level the playing field between a disadvantaged populous and larger government entities. The article advocates for additional structure for tribes that can help ensure that their agreements can be enforced and complied with.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T
 
David P. Zins, Note, Managing the Exit: Negotiating an Employment Termination, 17 Harv. Negot. L. Rev. 289 (2012).
This article depicts an employment termination as governed by a complex set of interrelated negotiations among diverse stakeholders. It suggests much of the challenge in these negotiations results from the fact that the various parties have already reached contradictory conclusions. The path toward a better outcome therefore must lead the parties away from their initial conclusions to the data that underlie them.  The article also considers how taking care with the difficult conversations inherent to this process can help make things better for everyone. The article concludes with a  discussion on the business importance of negotiating better termination outcomes.
{1} NEGOTIATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL

BOOKS

Ira G. Asherman, Negotiation at Work: Maximize Your Team’s Skills with 60 High-Impact Activities (2012).
The author presents several exercises designed to improve the negotiation process. The work includes role-playing and other activities.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Beth Ashmore et al., The Librarian’s Guide to Negotiation: Winning Strategies for the Digital Age (2012)
An introduction to negotiation theory for use by librarians. The book provides practical advice to librarians to improve their negotiation skills.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Crina Baltag, The Energy Charter Treaty: The Notion of Investor (2012)
This book analyzes the Energy Charter Treaty and the treatment of investors. The author looks at the both the concept of investor and  investment.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Claude Cellich & Subhash Jain, Practical Solutions to Global Business Negotiations  (2012).
One of the most important skills for successful operation in foreign markets is the ability to negotiate effectively. Global business negotiations are influenced by the cultural backgrounds of the negotiators, including factors such as language, cultural conditioning, gestures and facial expressions, and formality. This book serves as a practical tool to address these societal negotiation differences while discussing the various strengths and weaknesses of the different negotiation strategies.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L

Geof Cox, Financial Times Essential Guide to Negotiations: How to Achieve Win-Win Outcomes (2012)
This book instructs readers leading and securing win-win negotiations in business. It helps readers strategically prepare for negotiations in order to maintain and develop positive working relationships. Included are steps and actions necessary for success in a negotiation and a four-phase process underpinning the conduct of successful negotiations. The guide covers key negotiation topics such as negotiating remotely by email or phone, cultural differences in negotiation, and non-verbal communication.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Charles B. Craver, Skills & Values: Legal Negotiating (2012).
The book enables professors to assign supplementary material to students. Materials include coverage on different stages of the negotiating process, negotiation techniques, and the impact of different negotiation styles.
{1} NEGOTIATION—GENERAL
{155} SUBJ MATTER: TEACHING

Charles B. Craver, Effective Legal Negotiation and Settlement (2012)
This book is designed to cover a wide variety of topics and strategies relevant in legal negotiation. Topics include background information on negotiation, basic factors to consider in negotiations, different forms of communication, and the different stages of negotiation.
{1} NEGOTIATION—GENERAL
{155} TEACHING
 
Guy Olivier Faure & Franz Cede, Unfinished Business: Why International Negotiations Fail (2012).
This book consists of a collection of essays discussing the benefits to studying international negotiations that have failed.  The book focuses on seven international case studies, analyzing the empirical results and offering recommendations for theory and practice.  The discussion involves types of negotiations ranging from bilateral to multilateral.
{1} NEGOTIATION—GENERAL
{92}SUBJ MATTER: INT’L
{125} COMPARISONS: HISTORICAL
 
Roger Fisher, Bruce Patton, & William Ury, Getting to Yes: Negotiating Agreement Without Giving In (2012).
This small yet powerful book is the seminal text, a product of the Harvard Negotiation Project, on principled negotiation.  It revolutionized the negotiations arena with the concepts of non-adversarial bargaining, creating gain, focusing on interests over positions, and separating the people from the problem.  The universal strategies of this book are applicable to ADR topics from business negotiation to domestic mediation and everything in between.
{1} NEGOTIATION—GENERAL
{138} ETHICS—GENERAL

Peter Ronald Fleming, Successful Negotiating in a Week A Teach Yourself Guide (2012).
A do-it-yourself handbook that teaches negotiating techniques, approaches, and theory.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{155} TEACHING
 
Richard R. Gesteland, Cross-Cultural Business Behavior: A Guide for Global Management (2012).
This book provides guidance for international and cross-cultural negotiations, focusing not only on communication and negotiation, but also providing guidance on managing international operations. The author includes cultural negotiation profiles, cases, and examples to illustrate differences in cross-cultural negotiation behavior.
{1}  NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{124} COMPARISONS: CROSS-CULTURAL
 
Barry M. Goldman & Debra L. Shapiro, The Psychology of Negotiations in the 21st Century Workplace: New Challenges and New Solutions (2012).
This book takes notice of the increase in litigation (and its corresponding costs) in the workplace. The purpose of the work is to help inform corporate management and negotiation experts in an effort to bridge the gap between the two.
{1} NEGOTIATION-GENERAL
{75} SUBJ MATTER: COMMERCIAL
 
David S. Hames, Negotiation: Closing Deals, Settling Disputes, and Making Team Decisions (2012).
This book provides an overview of the negotiation process, identifying both the fundamentals of negotiation and special challenges to negotiations.  The book covers topics ranging from multi-party negotiations, communication strategies, and international negotiations.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

Matt Harvey, Maria Karras & Stephen Parker, Negotiating by the Light of the Law: A Report on the Effect of Law on the Negotiation of Disputes (2012).
This report examines whether increased discretion exercised by judges is conducive to settlement. The researchers contrast examples from family law and contract law.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{133} COURT REFORMS

Chris A. Hollinger Et Al., The Railway Labor Act (2012).
This treatise claims to be the authority on disputes between labor and management.  The work helps negotiating parties to “characterize the dispute” and then advises them on how to win for their side.
{1} NEGOTIATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)

Alex Lord, The Planning Game: An Information Economics Approach to Understanding Urban and Environmental Management (2012).
This textbook discusses bargaining and negotiation tactics within the understanding of urban and environmental management. This book emphasizes the relationship between knowledge and information and establishes a connection between the approach planning theorists and some economists take towards information.
{1} NEGOTIATION—GENERAL
{96} SUBJ MATTER: EMPLOYMENT (NON-UNION)
 
Anastasia Loukaitou-Sideris & Renia Ehrenfeucht, Sidewalks: Conflict and Negotiation over Public Space (2012)
This book examines the evolution of American urban sidewalks as a distinct public place. The authors draw on historical and contemporary examples, in addition to case study research and archival data from five cities, to discuss the characteristics of sidewalks, conflicts, and negotiations over issues including ambiguous boundaries of their public status, contestation over specific uses, control and regulation and the implications of First Amendment speech and assembly rights.
{1} NEGOTIATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT
{147} POWER IMBALANCE
 
Jeffrey Hugh Newman, Mastering the Art and Skill of Listening: A Guide to Negotiation (2012).
This book provides strategies to enhance negotiating skills by focusing on listening. The goal is to equip the negotiator with tools to deal with a range of emotions.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER:GENERAL
 
Mark Powell, International Negotiations (2012)
This textbook provides an exhaustive walkthrough of the negotiation process with examples from many different sources to illustrate the proper tone and style in international negotiations. The author gives professors many different options for customizing a negotiation course, including simulations, teacher notes, and commentaries.
{1}  NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{155} TEACHING
 
Christina J. Schneider, Conflict, Negotiation and European Union Enlargement (2012).
This work critiques current theories of European Union enlargement for ignoring how European Union members and potential members negotiate the distribution of benefits and costs arising from enlargement. The author argues that European Union enlargement happens despite distributional conflicts if the overall gains of enlargement are redistributed from the relative winners among existing members and applicants to the relative losers.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES
 
Wynn C. Stirling, Theory of Conditional Games (2012)
The author uses the theory of conditional games to evaluate social situations in which decisionmaking is involved. Key is practices of negotiation among group members.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

Robert A. Tamm (Ed.), International Climate Change Negotiation and Investment (2012).
This book explains the perspective of the United States on involvement in international commitments to climate change. Although not a party to the Kyoto Protocol, the United States is a party to the United Nations Framework Convention on Climate Change. This book gives a chronology of the negotiations of the United States concerning climate change.
{1} NEGOTIATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT
{92} SUBJ MATTER: INT’L
 
Leigh L. Thompson, The Mind and Heart of the Negotiator (2012).
This book is targeted at negotiators who want to improve their negotiation abilities. This text provides an integrated view of what to do and what to avoid at the bargaining table, facilitated by an integration of theory, scientific research, and practical examples.
{1} NEGOTIATION—GENERAL
 
Sherrie Mansfield Vavrichek, The Guide to Compassionate Assertiveness: How to Express Your Needs & Deal With Conflict While Keeping a Kind Heart (2012).
In this piece, the author discusses methods for establishing assertiveness and direct communication. Chapter nine provides suggestions and examples of establishing assertiveness while maintaining empathy in everyday negotiations.
{1} NEGOTIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
 
Ming Yang, Negotiation in Decentralization: Case Study on China’s Carbon Trading in the Power Sector (2012).
This book offers research on Chinese power sector reform negotiations in the past 30 years, discussing conflicts between power groups and the national government over demand and supply management, capital investment, energy prices, and carbon dioxide emission mitigation.
{1} NEGOTIATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT