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Author: Leonard L. Riskin
Publisher:
ISBN: 9781634603140
Category : Dispute resolution (Law)
Languages : en
Pages : 1100
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Book Description
This new edition of this popular book includes an entirely revised negotiation chapter to tailor negotiation theory to negotiation practice. Other new material includes the Report from the ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques, the new arbitration cases to date, and the latest thinking on online dispute resolution (ODR) and dispute systems design (DSD). As this popular book is now in the Interactive Casebook Series, the book features a novel visual display and layout that uses text boxes, diagrams, and color/border segregated feature sections for hypotheticals, reference to scholarly debates, useful information for students, and questions to provoke thought. Furthermore, the book now includes a number of multiple-choice questions for both formative and summative assessment to confirm both transference and retention of material.
Author: Leonard L. Riskin
Publisher:
ISBN: 9781634603140
Category : Dispute resolution (Law)
Languages : en
Pages : 1100
Get Book Here
Book Description
This new edition of this popular book includes an entirely revised negotiation chapter to tailor negotiation theory to negotiation practice. Other new material includes the Report from the ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques, the new arbitration cases to date, and the latest thinking on online dispute resolution (ODR) and dispute systems design (DSD). As this popular book is now in the Interactive Casebook Series, the book features a novel visual display and layout that uses text boxes, diagrams, and color/border segregated feature sections for hypotheticals, reference to scholarly debates, useful information for students, and questions to provoke thought. Furthermore, the book now includes a number of multiple-choice questions for both formative and summative assessment to confirm both transference and retention of material.
Author: Leonard L. Riskin
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 468
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Book Description
Author: Art Hinshaw
Publisher: Oxford University Press
ISBN: 0197513247
Category : Law
Languages : en
Pages : 443
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Book Description
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Author: Tony Whatling
Publisher: Jessica Kingsley Publishers
ISBN: 1787751163
Category : Law
Languages : en
Pages : 237
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Book Description
Mediation and Dispute Resolution addresses contemporary challenges and new developments in mediation. It aims to provide you with the key tools needed as an ADR practitioner to develop your own style and practice. The book examines the impact of diversity and cultural difference in mediation, gender difference and its implications, and the process of managing high conflict. It also explores new areas of practice such as apology and reconciliation and conjoint mediation and therapy. With advice on how to manage the move into mediation from a previous professional career, the conflicts between practitioners' personal lives and their work are also discussed. Throughout, the book focusses on practical strategies and skills, using case examples in each chapter to highlight the application of theory. An invaluable resource for both experienced and novice mediators to build, consolidate and improve their practice, this book is a perfect complement to Whatling's introductory guide Mediation Skills and Strategies.
Author: Carrie J. Menkel-Meadow
Publisher: Aspen Publishing
ISBN: 1543803105
Category : Law
Languages : en
Pages : 819
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Book Description
Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter
Author: Robert H. Mnookin
Publisher: Harvard University Press
ISBN: 0674504100
Category : Law
Languages : en
Pages : 369
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Book Description
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
Author: Jordaan, Barney
Publisher: Edward Elgar Publishing
ISBN: 1803920750
Category : Law
Languages : en
Pages : 480
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Book Description
Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.
Author: Art Hinshaw
Publisher: Oxford University Press
ISBN: 0197513263
Category : Law
Languages : en
Pages : 416
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Book Description
While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates. Discussions in Dispute Resolution brings together the modern dispute resolution field's most influential commentaries in its first few decades and reflects on what makes these pieces so important. This book collects 16 foundational writings, four pieces from each of the field's primary subfields--negotiation, mediation, arbitration, and public policy. Each piece has four commenters who answer the question: why is this work a foundational piece in the dispute resolution field? The purpose in asking this simple question is fourfold: to hail the field's foundational generation and their work, to bring a fresh look at these articles, to engage the articles' original authors where possible, and to challenge the articles with the benefit of hindsight. Where possible, the book gives the authors of the original pieces the opportunity either to reflect on the piece itself or to respond to the other commenters.
Author: Arno R. Lodder
Publisher: Cambridge University Press
ISBN: 1139488546
Category : Law
Languages : en
Pages : 219
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Book Description
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
Author: Douglas E. Noll
Publisher: Prometheus Books
ISBN: 1616144181
Category : Political Science
Languages : en
Pages : 291
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Book Description
This in-depth analysis goes behind the headlines to understand why crucial negotiations fail. The author argues that diplomats often enter negotiations with flawed assumptions about human behavior, sovereignty, and power. Essentially, the international community is using a model of European diplomacy dating back to the 18th century to solve the complex problems of the 21st century. Through numerous examples, the author shows that the key failure in current diplomatic efforts is the entrenched belief that nations, through their representatives, will act rationally to further their individual political, economic, and strategic interests. However, the contemporary scientific understanding of how people act and see their world does not support this assumption. On the contrary, research from decision-making theory, behavioral economics, social neuropsychology, and current best practices in mediation indicate that emotional and irrational factors often have as much, if not more, to do with the success or failure of a mediated solution. Reviewing a wide range of conflicts and negotiations, Noll demonstrates that the best efforts of negotiators often failed because they did not take into account the deep-seated values and emotions of the disputing parties. In conclusion, Noll draws on his own long experience as a professional mediator to describe the process of building trust and creating a climate of empathy that is the key to successful negotiation and can go a long way toward resolving even seemingly intractable conflicts.
