The field of new governance has generated passionate debate about the potential effects of its efforts to democratize political decision making through the bottom-up production of law. Some analysts suggest that new governance may reinforce neoliberal efforts to replace the state with market...

This chapter describes ADR as a paradigmatic form of contemporary legal thought and suggests that its vision of localized collaborative problem-solving points towards a reconstructed idea of “the social.” This collaborative or relational social strives to collapse what are often considered...

This chapter reviews the life work of one of negotiation’s most famous scholars and offers a wholly new observation. Roger Fisher did not understand negotiation as primarily something that happens in the shadow of the law. Rather, based on his years thinking about international conflict,...

This essay explores two conceptions of compromise that are missing from the theory and practice of legal negotiation and related fields in alternative dispute resolution (ADR): compromise shaped by principles and compromise shaped by constraints. Compromise shaped by principles describes how...

This essay reads Carrie Menkel-Meadow’s early scholarship on negotiation and feminism together with the work of postcapitalist scholars J.K. Gibson-Graham. It illustrates how Menkel-Meadow’s work holds space for a feminist praxis of negotiation organized not around the familiar anchors of...

This chapter examines right-to-food jurisprudence and activism in India. When Indian jurists and policymakers recognized a right to food, they were mindful of rights critique and did not articulate a narrow juridical entitlement that an individual, with sufficient resources, could attempt to...

This essay critically explores the idea that techniques based on individual dispute resolution paradigms can provide a compelling vision for the resolution of larger-scale conflict. To that end, it examines the methods of dispute systems design (DSD) and some of the background social and...

In New York's new Human Trafficking Intervention Courts (HTICs), mostly female defendants are prosecuted for prostitution-related offenses and then offered social services in lieu of more traditional criminal justice sentences. These alternative problem-solving courts represent a...