Aha? Is Creativity Possible in Legal Problem Solving and Teachable in Legal Negotiation?

Abstract:     
This article suggests that recent work in the social and cognitive psychology of creativity may suggest some useful ways of structuring legal problem solving, in both negotiation and litigation contexts. Building on Professor Menkel-Meadow's earlier work on problem solving negotiation, she suggests that good negotiated results require creative, innovative and new substantive solutions to both common and unusual legal problems and issues. The article reviews social science studies and literature on creativity, applies this work to the analysis of "legal creativity" and substantive legal problem solving and then applies this work to problem solving in legal negotiation and concludes by making some suggestions for teaching creative problem solving in legal education.

Accepted Paper Series