In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes roadblocks to negotiation and ways to overcome them to reach good settlements in family law cases
Lack of access to the courts to resolve domestic disputes is a national problem which deserves the a...
The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provid...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article outlines the need to help self-represented litigants (SLRs or pro se parties) understan...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Whether you know it or not, you may already be using planned early negotiation (PEN). As the term su...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
This article surveys a wide range of procedures that divorcing parties now use, including self-repre...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...
This article is partially based on a study in which I interviewed respected lawyers about their nego...
The purpose of this article is to describe in detail the most effective approaches and techniques th...
In this article, we seek to substantiate psychological barriers, as illustrated by the constructs ...
This Article begins with an account of the lawyer’s role in settlement in what we might call the tra...
Over the past three decades, there has been a significant shift in the way the legal system approach...
In the past fifty years, divorce law has turned upside down. Marriage is not assumed to be a lifelon...
Lack of access to the courts to resolve domestic disputes is a national problem which deserves the a...
The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provid...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
This article outlines the need to help self-represented litigants (SLRs or pro se parties) understan...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Whether you know it or not, you may already be using planned early negotiation (PEN). As the term su...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
This article surveys a wide range of procedures that divorcing parties now use, including self-repre...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...
This article is partially based on a study in which I interviewed respected lawyers about their nego...
The purpose of this article is to describe in detail the most effective approaches and techniques th...
In this article, we seek to substantiate psychological barriers, as illustrated by the constructs ...
This Article begins with an account of the lawyer’s role in settlement in what we might call the tra...
Over the past three decades, there has been a significant shift in the way the legal system approach...
In the past fifty years, divorce law has turned upside down. Marriage is not assumed to be a lifelon...
Lack of access to the courts to resolve domestic disputes is a national problem which deserves the a...
The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provid...
Published in cooperation with the American Bar Association Section of Dispute Resolutio