Nancy Welsh

Texas A&M University School of Law

1515 Commerce St.

Fort Worth, TX 76102

United States

SCHOLARLY PAPERS

43

DOWNLOADS
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7,289

CITATIONS
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Top 10,519

in Total Papers Citations

40

Scholarly Papers (43)

1.

Cooking Up a Deal: Negotiation Recipes for Success

Marquette Law School Legal Studies Paper No. 14-10, UC Irvine School of Law Research Paper No. 2014-27
Number of pages: 18 Posted: 04 Apr 2014 Last Revised: 16 Apr 2014
Marquette University - Law School, Hamline University School of Law, Independent, George Mason University - Department of Public & International Affairs, Creighton University Graduate School - Department of Interdisciplinary Studies, National Institutes of Health (NIH), Independent, Cleveland State University, University of British Columbia - Faculty of Law, Ohio State University (OSU) - Human Resource Research, University of Massachusetts Boston, University of California Irvine, School of Law, University of Oregon - School of Law, University of Oregon School of Law, Bond University and Texas A&M University School of Law
Downloads 1,354 (13,271)

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negotiation, dispute resolution, conflict resolution

2.

Is That All There Is? 'The Problem' in Court-Oriented Mediation

George Mason Law Review, Vol. 15, 2008, Penn State Legal Studies Research Paper No. 01-2008, University of Florida Levin College of Law Research Paper No. 2008-08
Number of pages: 87 Posted: 23 May 2008 Last Revised: 16 Sep 2009
Leonard L. Riskin and Nancy Welsh
University of Florida - Levin College of Law and Texas A&M University School of Law
Downloads 1,166 (16,703)
Citation 2

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3.

The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization?

Harvard Negotiation Law Review, Vol. 6, Spring 2001
Number of pages: 96 Posted: 14 Dec 2010
Nancy Welsh
Texas A&M University School of Law
Downloads 653 (38,237)
Citation 9

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ADR, courts, mediation, court-connected mediation, mediator, dispute resolution, self-determination, free will, mediator ethics, judicial settlement conference, settlement

4.

The Law of Bargaining

Marquette Law Review, Vol. 87, pp. 839-45, 2004 , UCLA School of Law, Public Law and Legal Theory Research Paper No. 04-3
Number of pages: 5 Posted: 23 Mar 2004
UCLA School of Law, University of Oregon - School of Law and Texas A&M University School of Law
Downloads 632 (39,917)

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5.

The Thoughtful Integration of Mediation into Bilateral Investment Treaty Arbitration

18 Harvard Negotiation Law Review 71 (2013), Penn State Law Research Paper No. 31-2013, Marquette Law School Legal Studies Paper No. 13-19
Number of pages: 80 Posted: 29 Jul 2013 Last Revised: 22 Aug 2013
Nancy Welsh and Andrea Kupfer Schneider
Texas A&M University School of Law and Marquette University - Law School
Downloads 431 (64,938)

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arbitration, mediation, investment treaty arbitration, bilateral investment treaty, mandatory mediation, compulsory mediation, facilitative, evaluative, mediation rules, dispute system design, procedural justice, default model, voluntary mediation, accountability, transparency, voice, stakeholders

6.

Making Deals in Court-Connected Mediation: What's Justice Got to Do with It?

Washington University Law Quarterly, Vol. 79, p. 787, 2001
Number of pages: 75 Posted: 06 Oct 2010
Nancy Welsh
Texas A&M University School of Law
Downloads 356 (81,377)
Citation 11

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Courts, Procedural Justice, Mediation, Dispute Resolution, Court-Connected Mediation, ADR, Negotiation, Lawyer-Client Relationship, Mediator

7.

Institutionalization: What Do Empirical Studies Tell Us About Court Mediation?

Dispute Resolution Magazine, Vol. 9, p. 8, 2003
Number of pages: 3 Posted: 11 Dec 2010 Last Revised: 09 Jan 2012
Barbara McAdoo, Nancy Welsh and Roselle Wissler
Hamline University School of Law, Texas A&M University School of Law and Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 281 (105,663)

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mediation, alternative dispute resolution, empirical research, procedural justice, institutionalization of ADR

8.

National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report

Pepperdine University Legal Studies Research Paper No. 2012/22, Indiana University School of Public & Environmental Affairs Research Paper No. 2012-04-01, Penn State Law Research Paper No. 18-2012
Number of pages: 62 Posted: 18 May 2012 Last Revised: 03 Dec 2012
Pepperdine University School of Law, Texas A&M University School of Law, Indiana University Bloomington - School of Public & Environmental Affairs (SPEA) and affiliation not provided to SSRN
Downloads 270 (110,293)

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consumer, employment, dispute resolution, arbitration, evaluation, future, arbitration fairness index

9.

The Application of Procedural Justice Research to Judicial Actions and Techniques in Settlement Sessions

The Multi-Tasking Judge: Comparative Judicial Dispute Resolution (Tania Sourdin and Archie Zariski, eds., 2013) , Hamline Law DRI Press, Forthcoming, Penn State Law Research Paper 18-2013
Number of pages: 30 Posted: 29 Jun 2013 Last Revised: 01 Sep 2013
Nancy Welsh, Donna Stienstra and Barbara McAdoo
Texas A&M University School of Law, Federal Judicial Center and Hamline University School of Law
Downloads 239 (125,001)

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procedural justice, settlement, judicial settlement session, judicial ethics, judicial performance evaluation, judge, mediation, mediation, caucus, Rule 16, Model Code of Judicial Conduct

10.

Perceptions of Fairness

THE NEGOTIATOR'S FIELDBOOK, Andrea K. Schneider, Christopher Honeyman, eds., 2006
Number of pages: 10 Posted: 10 Mar 2011 Last Revised: 30 Mar 2011
Nancy Welsh
Texas A&M University School of Law
Downloads 195 (152,008)
Citation 7

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negotiation, procedural justice, procedural fairness, distributive fairness, substantive fairness, fairness

11.

Online Communication Technology and Relational Development

RETHINKING NEGOTIATION TEACHING SERIES, VOL. 2: VENTURING BEYOND THE CLASSROOM, C. Honeyman, J. Coben & G. DiPalo, eds., DRI Press, 2011
Number of pages: 11 Posted: 25 Aug 2011
School of Engineering, Creighton University Graduate School - Department of Interdisciplinary Studies, Cleveland State University and Texas A&M University School of Law
Downloads 179 (164,233)

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negotiation, training, relational, online, communication

12.

What is '(Im)Partial Enough' in a World of Embedded Neutrals?

Arizona Law Review, Vol. 52, p. 395, 2010, Penn State Legal Studies Research Paper No. 13-2010
Number of pages: 78 Posted: 20 May 2010 Last Revised: 16 Dec 2010
Nancy Welsh
Texas A&M University School of Law
Downloads 136 (206,936)

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13.

Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?

Nevada Law Journal, Vol. 11, April 2011, Conflict Resolution and the Economic Crisis, Symposium Issue, The Pennsylvania State University Legal Studies Research Paper No. 6-2011
Number of pages: 40 Posted: 10 Mar 2011 Last Revised: 03 Dec 2012
Nancy Welsh
Texas A&M University School of Law
Downloads 135 (208,196)

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Bankruptcy, Foreclosure, Alternative Dispute Resolution, Dispute Resolution, Arbitration, Mediation, Legal Ethics, Model Rules of Professional Responsibility, Legal Education, Professional Responsibility, Lawyers, Economic Crisis

14.

Stepping Back Through the Looking Glass: Real Conversations with Real Disputants About Institutionalized Mediation and its Value

Number of pages: 106 Posted: 14 Dec 2010
Nancy Welsh
Texas A&M University School of Law
Downloads 135 (208,196)
Citation 2

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ADR, mediation, mediator, facilitative mediation, evaluative mediation, transformative mediation, procedural justice, caucus, dispute resolution, agency-connected mediation, special education, disputants, qualitiative research, interviews

15.

You've Got Your Mother's Laugh: What Bankruptcy Mediation Can Learn from the Her/History of Divorce and Child Custody Mediation

American Bankruptcy Institute Law Review, Vol. 17, No. 427, 2009, Penn State Legal Studies Research Paper No. 7-2010
Number of pages: 36 Posted: 18 Jun 2010 Last Revised: 03 Dec 2012
Nancy Welsh
Texas A&M University School of Law
Downloads 133 (210,691)

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mediation, mediator, bankruptcy, reorganization, dispute resolution, hybrid

16.

The Reputational Advantages of Demonstrating Trustworthiness: Using the Reputation Index with Law Students

28 Negotiation Journal 117, 2012, Penn State Law Research Paper No. 21-2012
Number of pages: 29 Posted: 28 Oct 2012 Last Revised: 01 Jan 2013
Nancy Welsh
Texas A&M University School of Law
Downloads 131 (213,300)

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negotiation, reputation, negotiation approach, negotiation style, procedural justice, trustworthiness, trust, distributive negotiation, integrative negotiation

17.

The Place of Court-Connected Mediation in a Democratic Justice System

Cardozo Journal of Conflict Resolution, Vol. 5, p. 117, 2004
Number of pages: 28 Posted: 18 Dec 2010
Nancy Welsh
Texas A&M University School of Law
Downloads 127 (218,484)

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democracy, jury, administrative adjudication, summary judgment, arbitration, courts, mediation, court-connected mediation, mediators, judges, ADR

18.

Court-Connected General Civil ADR Programs: Aiming for Institutionalization, Efficient Resolution and the Experience of Justice

ADR HANDBOOK FOR JUDGES, American Bar Association, January 2004
Number of pages: 48 Posted: 30 Dec 2010
Barbara McAdoo and Nancy Welsh
Hamline University School of Law and Texas A&M University School of Law
Downloads 121 (226,555)

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court-connected ADR, mediation, non-binding arbitration, dispute system design, ADR program, ethics, evaluation, rules

19.

I Could Have Been a Contender: Summary Jury Trial As a Means to Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution

Penn State Law Review, Vol. 114, No. 4, p. 1149, 2010, The Pennsylvania State University Legal Studies Research Paper No. 26-2010
Number of pages: 42 Posted: 18 Aug 2010 Last Revised: 05 Jan 2011
Nancy Welsh
Texas A&M University School of Law
Downloads 121 (226,555)

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Iqbal, Twombly, Conley, pleading, motion to dismiss, 12(b)(6), dispute system design, discrimination, discriminate, employment, negotiate, negotiation, mediate, mediation, summary jury trial, discovery, Federal Rules of Civil Procedure, Rule 8(a), access to the courts, civil rights, notice pleading

20.

Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards

42 Southwestern University Law Review 187, 2012 (publishing papers presented at the 2012 AALS annual conference on “The Supreme Court and the Future of Arbitration”), Penn State Legal Series Research Paper No. 1-2013
Number of pages: 42 Posted: 20 Feb 2013 Last Revised: 30 Jun 2013
Nancy Welsh
Texas A&M University School of Law
Downloads 99 (261,216)

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arbitration, consumer arbitration, employment arbitration, judicial review, mandatory arbitration, mandatory predispute arbitration, ERISA, standard of review, disparate party arbitration, repeat player, MetLife v. Glenn, standard of review, arbitral award, denial of benefits

21.

Becoming 'Investor-State Mediation'

Penn State Journal of Law & International Affairs, Vol. 1, No. 1, 2012, Penn State Law Research Paper No. 25-2012, Marquette Law School Legal Studies Paper No. 12-29
Number of pages: 12 Posted: 24 Sep 2012 Last Revised: 17 Dec 2012
Nancy Welsh and Andrea Kupfer Schneider
Texas A&M University School of Law and Marquette University - Law School
Downloads 99 (261,216)

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arbitration, mediation, investment, investor

22.

Look Before You Leap and Keep on Looking: Lessons from the Institutionalization of Court-Connected Mediation

Nevada Law Review, Vol. 5, 2005
Number of pages: 34 Posted: 17 Aug 2011
Barbara McAdoo and Nancy Welsh
Hamline University School of Law and Texas A&M University School of Law
Downloads 95 (268,286)

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ADR, Alternative Dispute Resolution, Mediation

23.

Using the Theories of Exit, Voice, Loyalty, and Procedural Justice to Reconceptualize Brazil's Rejection of Bilateral Investment Treaties

Washington University Journal of Law and Policy, Vol. 45, No. 1, 2014, Marquette Law School Legal Studies Paper No. 15-09
Number of pages: 40 Posted: 20 Feb 2015
Marquette University - Law School, Texas A&M University School of Law and Pennsylvania State University
Downloads 69 (324,665)

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dispute resolution, arbitration, Brazil, bilateral investment treaty

24.

Musings on Mediation, Kleenex, and (Smudged) White Hats

University of LaVerne Law Review, Vol. 33, p. 5, 2011, Penn State Law Research Paper 7-2013
Number of pages: 22 Posted: 03 Jan 2013 Last Revised: 03 Apr 2013
Nancy Welsh
Texas A&M University School of Law
Downloads 47 (389,899)

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mediation, ethics, Cassel, mediation privilege, confidentiality, exclusionary rules

25.

Not Quite Protocols: Toward Collaborative Research in Dispute Resolution

Conflict Resolution Quarterly, Vol. 19, p. 75, 2001
Number of pages: 14 Posted: 08 Jan 2012
Hamline University School of Law, Consultant and Texas A&M University School of Law
Downloads 23 (493,019)

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Reactive devaluation, moveable feasts, dispute resolution research, Theory to Practice, collaborative research, empirical research

26.

Dispute Resolution Neutrals' Ethical Obligation to Support Measured Transparency

Oklahoma Law Review, Vol. 71, No. 3, 2019, Texas A&M University School of Law Legal Studies Research Paper
Number of pages: 62 Posted: 11 Feb 2019
Nancy Welsh
Texas A&M University School of Law
Downloads 13 (550,126)

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27.

Class Action-Barring Mandatory Pre-Dispute Consumer Arbitration Clauses: An Example of (and Opportunity for) Dispute System Design

University of St. Thomas Law Journal, Vol. 13, 2017, Texas A&M University School of Law Legal Studies Research Paper No. 19-11
Number of pages: 54 Posted: 05 Dec 2018 Last Revised: 09 Apr 2019
Nancy Welsh
Texas A&M University School of Law
Downloads 8 (579,807)

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28.

Do You Believe in Magic?: Self-Determination and Procedural Justice Meet Inequality in Court-Connected Mediation

SMU Law Review, Vol. 70, 2017, Texas A&M University School of Law Legal Studies Research Paper No. 19-03
Number of pages: 44 Posted: 07 Dec 2018 Last Revised: 10 Feb 2019
Nancy Welsh
Texas A&M University School of Law
Downloads 6 (592,004)

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29.

Mandatory Mediation and Its Variations

Investor-State Disputes: Prevention and Alternative to Arbitration, Vol. 2, Proceedings of the Washington and Lee University and UNCTAD Joint Symposium on International Investment and Alliterative Dispute Resolution, Susan Franck & Anna Joubin-Bret, eds., 2011
Number of pages: 7 Posted: 12 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 5 (598,203)

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30.

Does ADR Really Have A Place on the Lawyer's Philosophical Map?

Hamline Journal of Public Law and Policy, Vol. 18, No. 2, 1997
Number of pages: 19 Posted: 12 Dec 2018
Barbara McAdoo and Nancy Welsh
Hamline University School of Law and Texas A&M University School of Law
Downloads 5 (598,203)
Citation 1

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31.

Court-Ordered ADR: What Are the Limits?

Hamline Journal of Public Law and Policy, Vol. 12, 1991
Number of pages: 17 Posted: 12 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 4 (604,739)

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32.

Enforcement of Foreign Arbitration Agreements and Awards: Application of the New York Convention in the United States

American Journal of Comparative Law, Vol. 62, 2014
Number of pages: 28 Posted: 07 Dec 2018
Louis F. Del Duca and Nancy Welsh
Pennsylvania State University, Penn State Law and Texas A&M University School of Law
Downloads 4 (604,739)

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33.

Searching for a Sense of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations

10 Penn State Environmental Law Review, 2002
Number of pages: 28 Posted: 09 Dec 2018
Nancy Welsh and Barbara Gray
Texas A&M University School of Law and Pennsylvania State University - Center for Research in Conflict and Negotiation (CRCN)
Downloads 3 (612,191)

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34.

Disputants' Decision Control in Court-Connected Mediation: A Hollow Promise Without Procedural Justice

Journal of Dispute Resolution, Vol. 2002, 2002
Number of pages: 15 Posted: 07 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 3 (612,191)

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35.

Introduction (to Volume 5 of the Yearbook onArbitration and Mediation)

Introduction, 5 Penn State Yearbook on Arbitration and Mediation, pp. v-vii, 2013
Number of pages: 5 Posted: 07 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 3 (612,191)

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36.

Community Conflicts over Intensive Livestock Operations: How and Why Do Such Conflicts Escalate?

Drake Journal of Agricultural Law, Vol. 7, 2002
Number of pages: 38 Posted: 09 Dec 2018
Penn State University, Penn State University, Western State College of Colorado, Juniata College and Texas A&M University School of Law
Downloads 2 (621,638)

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37.

Perceptions of Fairness in Negotiation

Marquette Law Review, Vol. 87, 2004
Number of pages: 16 Posted: 07 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 2 (621,638)
Citation 7

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38.

Magistrate Judges, Settlement, and Procedural Justice

Nevada Law Journal, Vol. 16, 2016
Number of pages: 79 Posted: 07 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 2 (621,638)

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39.

Remembering the Role of Justice in Resolution: Insights from Procedural and Social Justice Theories

54 Journal of Legal Education, 2004
Number of pages: 12 Posted: 07 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 1 (633,637)
Citation 1

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40.

The Current Transitional State of Court-Connected ADR

Marquette Law Review, Vol. 95, 2012
Number of pages: 15 Posted: 07 Dec 2018
Nancy Welsh
Texas A&M University School of Law
Downloads 1 (633,637)

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41.

Looking Down the Road Less Traveled: Challenges to Persuading the Legal Profession to Define Problems More Humanistically

Journal of Dispute Resolution, Vol. 2008, 2008
Posted: 07 Dec 2018
Nancy Welsh
Texas A&M University School of Law

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42.

Negotiation as One Among Many Tools

Marquette Law Review, Vol. 87, 2004
Number of pages: 9 Posted: 07 Dec 2018
Quinnipiac University School of Law, Independent, Eastern Mennonite University and Texas A&M University School of Law
Downloads 0 (651,128)

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43.

What's it All About?: Problem-Definition in Mediation

Dispute Resolution Magazine, pp. 19-22, Summer 2009
Posted: 02 Sep 2009 Last Revised: 22 Sep 2015
Nancy Welsh and Leonard L. Riskin
Texas A&M University School of Law and University of Florida - Levin College of Law

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mediation, dispute resolution, ADR