procedure; negotiation; settlements; trials; adversary system; criminal law
Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.
Fairness Beyond the Adversary System: Procedural Justice Norms for Legal Negotiation,
85 Fordham L. Rev. 2081
Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss5/8