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An adjudicative process by which a private third-party neutral renders a binding determination of an issue in dispute. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 318-19). See Also: Dealmaking: Don

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Role Simulations

Role Simulation
Mediation Role-Play:

Broken Benches

Author(s): Marjorie Corman Aaron and JAMS/Endispute
Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff's lawyer, and counsel for defendant's insurance company; arbitrator roles include possible plaintiff or defense bias
Role Simulation
International Relations Negotiation Role-Play:


Jeswald W. Salacuse, Arun Venkataraman, and Fritz von Carp

Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Fishladder Claim

Susan Podziba and Lawrence Susskind
Three-party, two-round internal negotiation among agency officials over whether to litigate or pursue non-binding arbitration to settle a contract claim against a private contractor
Role Simulation
James Lawrence
Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee's departure amid allegations of sexual harassment; optional extra role for manager accused of harassment
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

PowerScreen Problem

Bruce Patton, Mark Gordon and Andrew Clarkson
Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed
Role Simulation
Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes
Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer

Case Studies & Articles


Winner, National Institute for Advanced Conflict Resolution's 2005 Book Award - A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes

Jeswald Salacuse

In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed.