A Negotiated Settlement

The recent efforts to reach a settlement of the enduring and tragic conflict in Darfur demonstrate how important it is to understand what factors contribute most to the success of such efforts. In this book, Caroline Hartzell and Matthew Hoddie review data from all negotiated civil war settlements between 1945 and 1999 in order to identify these factors. What they find is that settlements are more likely to produce an enduring peace if they involve construction of a diversity of power-sharing and power-dividing arrangements between former adversaries. The strongest negotiated settlements prove to be those in which former rivals agree to share or divide state power across its economic, military, political, and territorial dimensions. This finding is a significant addition to the existing literature, which tends to focus more on the role that third parties play in mediating and enforcing agreements. Beyond the quantitative analyses, the authors include a chapter comparing contrasting cases of successful and unsuccessful settlements in the Philippines and Angola, respectively.

This multidisciplinary--indeed, transdisciplinary--combination of archaeological, historical, and ethnographic research reveals how the Andean people of southern Peru's Colca Valley experienced and responded to successive waves of colonial rule by the Inka and Spanish empires from the fifteenth through seventeenth centuries. While most research splits the prehispanic and post-conquest eras into separate domains of study, Steven Wernke's perspective explicitly combines archaeological and documentary sources to bridge the Spanish conquest of the Andes. He integrates GIS-based spatial analyses of documentary sources with archaeological survey and the only excavations of an early Spanish doctrinal settlement in the highland Andes to present a local perspective on how new communities and landscapes emerged as part of a continuous process of adapting to consecutive imperial occupations. Wernke's findings show how Spanish ideals of urban order penetrated this rural provincial setting as early as the first generation after the conquest, as well as the ways the integration of Spanish ideals depended on their resonance with prehispanic Andean precedents. Through integration of empirical research and social theory, this volume contributes to current debates on colonial and postcolonial theory, historical anthropology, and the growing field of colonial archaeology. At ease whether examining religious practice at early Franciscan mission settlements or reconstructing prehispanic Andean land use, Wernke argues that we should avoid thinking of relations within the Inka and Spanish states as a dichotomy between colonizers and colonized; instead he traces how new kinds of communities and landscapes were co-produced at the local scale.

This work is written primarily for law students who are learning negotiating skills in clinical courses, but it will serve equally well for lawyers and others who are interested in the topic of negotiation. The book has three main areas of emphasis. First, negotiating behavior of practicing lawyers fall into two main patterns-?cooperative? and ?aggressive?-and implications of those patterns is discussed. The author then covers the four stages of the negotiation process, and lastly lays out the legal rules and economic principles that apply to the negotiated settlement of disputes. The Appendices include transcripts to two lawyer-to-lawyer negotiations.

Why do some civil wars end in successfully implemented peace settlements while others are fought to the finish? Numerous competing theories address this question. Yet not until now has a study combined the historical sweep, empirical richness, and conceptual rigor necessary to put them thoroughly to the test and draw lessons invaluable to students, scholars, and policymakers. Using data on every civil war fought between 1940 and 1992, Barbara Walter details the conditions that lead combatants to partake in what she defines as a three-step process--the decision on whether to initiate negotiations, to compromise, and, finally, to implement any resulting terms. Her key finding: rarely are such conflicts resolved without active third-party intervention. Walter argues that for negotiations to succeed it is not enough for the opposing sides to resolve the underlying issues behind a civil war. Instead the combatants must clear the much higher hurdle of designing credible guarantees on the terms of agreement--something that is difficult without outside assistance. Examining conflicts from Greece to Laos, China to Columbia, Bosnia to Rwanda, Walter confirms just how crucial the prospect of third-party security guarantees and effective power-sharing pacts can be--and that adversaries do, in fact, consider such factors in deciding whether to negotiate or fight. While taking many other variables into account and acknowledging that third parties must also weigh the costs and benefits of involvement in civil war resolution, this study reveals not only how peace is possible, but probable.

With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.

Most South Africans don't have the faintest idea what happened at Codesa, or is happening at subsequent multiparty negotiations. Plenaries, working groups, subgroups, independent election commissions, transitional executive councils, government of national unity... it's incomprehensible to almost everyone who hasn't been involved, and probably quite a few who have. The Long Journey -- South Africa's Quest for a Negotiated Settlement seeks to penetrate the fog. Written by a team of analysts associated with the Johannesburg-based Centre for Policy Studies, it outlines events that led up to constitutional negotiations, recounts the history of Codesa and its aftermath, and, most important, attempts to draw out the implications for our political future. This work is remarkable because it is both very comprehensive and very clear. It examines the workings of Codesa in great depth; there are detailed accounts of closed proceedings within the four working groups, based on interviews with prominent participants and confidential records of proceedings It graphically recounts events after Codesa's collapse, and the processes which led the parties back to the negotiating table. In mapping out the most probable political development paths, its clarifies the options open to the parties involved in negotiations and likely to govern South Africa in future. However, all this is presented in refreshingly pity and easily assimilable prose. The themes identified by The Long Journey will remain vital to the country's future into the next decade. It is richly illustrated with photographs, which in themselves provide a valuable record of this period.