Dispute Resolution Beyond the Adversarial Model

ISBN-10: 0735589194

ISBN-13: 9780735589193

Edition: 2nd 2011 (Revised)

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Description: This comprehensive, sophisticated examination of the current state of ADRincorporates four key aspects for each of the Negotiation, Mediation,Arbitration, and Hybrid dispute resolution processes: the theoreticalframework defining the process, the skills needed to practice it, the ethicalissues implicated in its use, and the legal and policy analyses relevant tothe process. This thorough and rigorous approach results in a casebook that isboth up-to-date and provocative.The book immerses students in the dispute resolution experience:comprehensive, current coverage of all key areas of ADR, with a rich range oftimely cases and readingsa distinguished, author team, each member a leader in dispute resolutionpractice and scholarship, making full use of each member's experience andaccomplishments in teaching, field work, policy making, and standards draftinga practical approach to problem solving that engages students as activeparticipants in resolving human and legal problems and uses individual orcombined resolution processes in varying gender, race, and cultural contextsseparate chapters addressing international and multi-party dispute resolution,providing thorough, comprehensive treatment of these important, high-interestcontexts and applicationsInstructors will appreciate these valuable teaching devices:readings balance theory and theory-in-use through cases, behaviorally andcritically based articles, examples, empirical studies, and relevant statutoryand other regulatory materials that illuminate the difficulty of balancingrules and laws with the economic and emotional constraints inherent in disputeschallenging readings representing a wide range of perspectives, among them,Gilligan's feminist In Another Voice; Fisher, Ury, and Patton's Getting toYes; Raiffa's Art and Science of Negotiation; and Machiavelli's The Princekey cases, including Gilmer v. Interstate/Johnson Lane Corp. and Folb v.Motion Picture Industry Pension & Health Plansan exceptionally useful Teacher's Manual, containing information on ADRcareers and training; teaching notes; sample role-plays, simulations, andother exercises; recommendations for supplemental materials (such as videosand transcripts); and examination and paper suggestions for each chapterAn author website to support classroom instruction using this title isavailable athttp://www.aspenlawschool.com/menkel-meadow

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Book details

List price: $235.00
Edition: 2nd
Copyright year: 2011
Publisher: Wolters Kluwer Law & Business
Publication date: 12/20/2010
Binding: Hardcover
Pages: 792
Size: 7.75" wide x 10.25" long x 1.50" tall
Weight: 3.520

Introduction: The Jurisprudence and History of DR
DR Origins and Concepts
Lawyer as Problem Solver
Foundational Primary Processes
Negotiation Concepts and Models
Skills and Practices in Negotiation
Negotiation Law, Ethics, and Public Policy
An Introduction to Mediation
Skills and Practices in Mediation
Mediation Law, Ethics, and Policy
An Introduction to Arbitration
The Law and Policy of Binding Arbitration in the United States
The Skills and Ethics of Arbitration
Adaptations and Variations of Processes
Hybrid Processes
Multi- Issue, Complex, and Multi-Party Dispute Resolution
The Future of DR
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