For decades, General Electric and the Environmental Protection Agency (EPA) sparred over who would pay for the removal of PCBs, or polychlorinated biphenyls, that GE had discharged into New York’s Hudson River, a cleanup project that is expected to cost hundreds of millions of dollars. The two sides finally came to an agreement in October 2005.
agency
A consensual relationship created by contract or by law where one party, the principal, grants authority for another party, the agent, to act on behalf of and under the control of the principal to deal with a third party. An agency relationship is fiduciary in nature, and the actions and words of an agent exchanged with a third party bind the principal.
The following items are tagged agency.
Role-Play Simulations and Managing Climate Change Risks
Climate change risks are an increasingly important consideration in many decisions with long-term implications, such as choices around economic development and infrastructure investment. It does not make sense to invest in projects that will be destroyed by sea-level rise or undermined by sustained drought. The enormous uncertainty associated with climate change makes it difficult, however, for decision-makers to plan ahead. This is particularly true in developing countries, where pressing needs like poverty reduction often trump long-term considerations about sustainability.
Mediation, Arbitration, and the Promise of Privacy
Negotiators often choose to resolve their conflicts through mediation, arbitration, and other alternative dispute resolution methods because of the privacy these methods promise. Unlike the public nature of litigation, mediation and arbitration typically give parties the freedom to hash out sensitive issues without the fear that their discussions and agreement will become public knowledge. Two new cases in the news, however, show that privacy is a nuanced issue in some alternative dispute resolution contexts.
Conflict Off the Rink: The NHL Negotiations
Negotiations for a new collective bargaining agreement (CBA) between the National Hockey League Player’s Association (NHLPA) and the NHL’s team owners took a tumultuous turn in mid-August, a month before the current agreement’s looming expiration date of September 15.
Negotiating with Your Agent
Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in Atlanta.
Managing Conflict Outside of the Courts
In May, Alex Scally, one half of the Baltimore musical duo Beach House, was surprised to hear from fans in Britain claiming that a new song by the band was being used in a Volkswagen television ad. Scally hurried to watch the ad online. He and his partner Victoria Legrand had repeatedly rejected lucrative offers from Volkswagen and its ad agency, DDB, for permission to use Beach House’s 2010 song “Take Care” in an ad, reports James C. McKinley, Jr. in the New York Times.
Mediating Better Community Relations in New Orleans
On May 14, Susan Hutson, the independent police monitor for the city of New Orleans brought together community stakeholders and police officials to help formulate a program that would allow police officers and citizens to mediate minor disagreements, the New Orleans Times-Picayune reports. Aided by a professional mediator, citizens and officers would sit face to face with the goal of resolving citizen complaints of police professionalism and courtesy violations, according to Ursula Price, spokeswoman for Hutson’s office. Hutson hopes to launch the fledgling program, which is not yet funded, in 2014. Committee members, including representatives from various community and criminal justice groups, are charged with planning and implementing the program.
Fifteen Things We Know About Environmental Dispute Resolution
I was recently asked by my Harvard Law School class to summarize what we know (from actual experience) about environmental dispute resolution. I offered the following list. I’m eager to hear reactions from other scholars and practitioners.
What have I left out? What have I misstated?
Deals
Deals
HARVARD BUSINESS SCHOOL (2267)
WINTER 2013
Instructor:
Guhan Subramanian
This advanced negotiation course examines complex corporate deals. Many of the class sessions will be structured around recent or ongoing deals, selected for the complex issues of law and business that they raise. Student teams will research and analyze these transactions in order
Joining the barter economy
In an economic downturn, negotiation opportunities sometimes dry up because parties think they have nothing left to give. During times like these, bartering flourishes. Whether it’s toxic assets, piano lessons, manicures, or a fleet of new cars, most cash-strapped negotiators have something of value they can trade for what they want.
Bartering doesn’t need to be limited to one time swaps of goods and services between virtual strangers. In more complex, ongoing negotiations, including those between long-term business partners, bartering is a smart way to avoid getting bogged down in price haggling. Just as you might create value in a negotiation by discussing delivery options and payment plans, you can expand the pie by adding new goods and services to the discussion.
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