Now showing items 1-10 of 115
From adversity to relationality: A Buddhist-oriented relational view of integrative negotiation and mediation
Ran Kuttner, From Adversity to Relationality: A Buddhist-oriented Relational View of Integrative Negotiation and Mediation, 25 Ohio St. J. on Disp. Resol. 931 (2010).
This article elaborates on the philosophical tenets of the Buddhist worldview and lays theoretical ground for the mindfulness-based practices that are advocated for in recent ADR literature. It will follow the claims of ...
Wave/particle tension in negotiation
Ran Kuttner, The Wave/Particle Tension in Negotiation, 16 Harv. Negot. L. Rev. 331 (2011).
Using the wave/particle duality, a central principle in quantum physics as a metaphor, this article describes two different modes of human interaction that a negotiator should be aware of when conducting her negotiations-within, ...
Jesuit values & alternative dispute resolution: Parallels and challenges to alternative dispute resolution scholarship and education
Ran Kuttner, Jesuit Values & Alternative Dispute Resolution: Parallels and Challenges to Alternative Dispute Resolution Scholarship and Education, J. Religion & Soc'y (2011), http://moses.creighton.edu/JRS/2011/2011-41.pdf.
Jesuit spiritual principles and practices offer both a challenge and an endorsement of essential principles of Peacebuilding and Alternative Dispute Resolution (ADR). This article examines the parallels between Jesuit ...
Methodology in action: On consistency, accuracy and proficiency in mediation
Ran Kuttner, Methodology in Action: On Consistency, Accuracy and Proficiency in Mediation, 13 Cardozo J. Conflict Resol. 141 (2011), (reviewing Transformative Mediation: A Sourcebook -- Resource for Conflict Intervention Practitioners and Programs (Joseph P. Folger, Robert A. Baruch Bush & Dorothy J. Della Noce eds., 2010).
Over seventeen years have passed since the first edition of Bush & Folger’s The Promise of Mediation. Edited by Bush and Folger together with Dorothy Della Noce, Transformative Mediation: A Sourcebook offers a new and ...
Dialogue, dispute resolution, and talk-in-interaction: on empirical studies of ephemeral phenomena
Ran Kuttner & Phillip Glenn, Dialogue, Dispute Resolution, and Talk-in-interaction: On Empirical Studies of Ephemeral Phenomena, 6 Negot. & Conflict Mgmt. Res. 13 (2013)
Although relational theories have gained increasing prominence in the field of alternative dispute resolution, further clarification of the actual communication that constitutes and contributes to a relational approach in ...
Human, not too human: Why is mediation a profound alternative to the legal proceedings?
Ran Kuttner, Human, Not too Human: Why is Mediation a Profound Alternative to the Legal Proceedings?, in 50 Studies in Law, Politics, and Society 139 (Austin Sarat ed., 2009).
This article presents an attempt to understand why mediation has gained so much popularity in the western world in the last three decades. I will demonstrate how mediation, of all the processes that have sprung under the ...
Cultivating dialogue: From fragmentation to relationality in conflict interaction
Ran Kuttner, Cultivating Dialogue: From Fragmentation to Relationality in Conflict Interaction, 28 Negot. J. 315 (2012).
This article follows the tendency in recent decades in the ADR field to understand conflict and its transformation from a relational perspective. It offers a survey of developments in twentieth century philosophy that ...
Conflict specialists as leaders: Revisiting the role of the conflict specialist from a leadership perspective
Ran Kuttner, The Conflict Specialists as Leaders: Revisiting the Role of the Conflict Specialist from a Leadership Perspective, 29 Conflict Resol. Q. 103 (2011).
The aim of this article is to explore the cross fertilization between the emerging fields of ADR and Leadership. The first section will explore similarities in themes and characteristics of both disciplines that are ...
Meet the new lawyer
Arthur Pearlstein, Meet the New Lawyer, 10 Cardozo J. Conflict Resol. 1 (2008) (reviewing Julie Macfarlane, The New Lawyer: How Settlement Is Transforming The Practice of Law (2008)).
Foreword: Pretrial litigation, dispute resolution, and the rarity of trial
Arthur Pearlstein, Foreword: Pretrial Litigation, Dispute Resolution, and the Rarity of Trial, 40 Creighton L. Rev. 651 (2007).