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Bargaining in the Shadow of Administrative Procedure: The Public Interest in Rulemaking Settlement
(Duke Law Journal, 2001)
This article addresses problems associated with settlement of appeals of legislative rules adopted by administrative agencies. Settlement is a common and important tool for avoiding litigation, but it also raises potential ...
The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering
(Harvard Negotiation Law Review, 2001)
Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes ...