A Decision-Making Perspective to Negotiation: A Review of the Past and a Look to the Future

Over the past quarter century, the decision-analytic approach to negotiation has seen the development of a better dialogue between the descriptive and the prescriptive and has also attracted the interest of both academics and practitioners. Researchers have built upon the work in behavioral decision theory, examining the ways in which negotiators may deviate from rationality. The 1990s brought a renewed interest in social factors, as work on social relationships, egocentrism, attribution and construal processes, and motivated illusions was incorporated into our understanding of negotiations. Several promising areas of research have emerged in recent years, drawing from other disciplines and informing the field of negotiations, including work on the influence of ethics, emotions, intuition, and training

Rights Myopia in Child Welfare

For decades, legal scholars have debated the proper balance of parents\u27 rights and children\u27s rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents\u27 rights nor children\u27s rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict rather than collaboration between the state and families. In lieu of a solely rights-based model, this Article proposes a problem-solving model for child welfare and explores one embodiment of such a model, family group conferencing. This Article concludes that a problem-solving model holds significant potential to address many of the profound theoretical and practical shortcomings of the current child welfare system

The Negotiation Within: The Impact of Internal Conflict Over Identity and Role on Across-The-Table Negotiations

This article argues that negotiators\u27 experiences of internal conflict over their identity and role - what we term the negotiation within - has a significant impact on across-the-table negotiations in the legal profession and in business. This impact has been mostly overlooked by the literature on negotiation, which focuses on strategic, structural, and psychological barriers to negotiated agreements that are divorced from the real, internal experiences of most negotiators. The article analyzes the impact and suggests a typology for naming and understanding internal conflict. It concludes with a three-stage prescription on how to manage such conflicts described as Mirror work, Chair work, and Table work

Fig Leaves, Pipe Dreams, and Myopia: Too-Easy Solutions in Environmental Law

Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating risks directly, society may adopt warnings that merely avoid risk, and rather than limiting plastic use and reducing plastic waste, society may adopt recycling programs. Such approaches may be well-intended and come at a relatively low economic or political cost. However, they often prove ineffective, or even harmful, and they may mislead society into believing that further responses are unnecessary. This Article proposes the concept of too-easy solutions to describe these approaches. Too-easy solutions can be classified into three subcategories: (1) fig leaves, policy approaches that appear to do something about a problem without necessarily solving it; (2) pipe dreams, inherently flawed policy approaches adopted with the good faith expectation of solving the problem; and (3) myopic solutions, policy approaches that address part of the problem but may impede its overall resolution. Too-easy-solutions analysis can serve as a powerful mechanism for evaluating policies, facilitating the adoption of more effective approaches, and improving decision-making in the environmental arena and other areas as well

Spartan Daily, January 5, 1968

Volume 55, Issue 60https://scholarworks.sjsu.edu/spartandaily/5083/thumbnail.jp

State, Dept. of Transp. v. Grathol Appellant\u27s Reply Brief 1 Dckt. 40168

https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/5910/thumbnail.jp

The BG News October 16, 2007

The BGSU campus student newspaper October 16, 2007. Volume 98 - Issue 40https://scholarworks.bgsu.edu/bg-news/8816/thumbnail.jp

Vista: October 03, 1996

https://digital.sandiego.edu/vista/1161/thumbnail.jp