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Hinshaw writes article for 'Harvard Negotiation Law Review'


Art Hinshaw
September 28, 2011

Professor Art Hinshaw’s article, “Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics,” with Jess K. Alberts, was published in the Spring 2011 edition of the Harvard Negotiation Law Review.

The article examined the common practice of the “if one wins, the other must lose” mentality into which most lawyers enter negotiations, and deemed it not only bad for the clients, but also for the public.

“The data reveal a pervasive cultural and structural problem arising from the way lawyers think about negotiation,” according to the article’s introduction. “One of the central tensions in the legal profession arises from lawyers’ duties to promote both their clients’ individual interests and the public’s interest in justice.”

Hinshaw’s research and teaching interests lie in the field of alternative dispute resolution (ADR), primarily mediation and negotiation. His research bridges ADR theory and practice, and his teaching responsibilities include the Lodestar Mediation Clinic and Negotiation, among other ADR courses. Hinshaw is active in the ADR community having served on several academic and professional committees at the state and national levels. Additionally, he is a Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law and is a contributor to Indisputably, the ADR Prof Blog.