Dispute Resolution Beyond the Adversarial Model [Connected eBook]

by Menkel-Meadow, Carrie J.; Love, Lela Porter; Schneider, Andrea Kupfer; Moffitt, Michael L.; Blankley, Kristen

• ISBN13: 9781543847130
• ISBN10: 1543847137
• eBook ISBN(s): 9781543857436
• Edition: 4th
• Format: Hardcover
• Copyright: 2025-02-01
• Publisher: Aspen Publishing
• More Book Details

Summary

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, newsfeed, and other helpful resources. Connected eBooks provide what you need most to be successful in your classes.

This new edition of Dispute Resolution: Beyond the Adversarial Model covers the key processes of negotiation, mediation, and arbitration with later chapters diving into hybrid and multiparty processes, dispute system design, and counseling your client about dispute resolution processes.

This casebook provides a comprehensive look at the current state of ADR, incorporating four key aspects for each of Negotiation, Mediation, Arbitration, and hybrid processes: 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. Throughout the text, students are engaged as active participants in resolving problems, using individual or combined resolution processes in varying gender, race, and cultural contexts, as well as current events. This award-winning author team uses thought-provoking, interesting readings in addition to exercises and discussion problems to enhance the latest edition of this widely respected textbook, designed with instructors and students in mind.

New to the Fourth Edition:

• The latest on Online Dispute Resolution and the evolution of Dispute System Design
• The most recent Supreme Court decisions on arbitration, and empirical work on mediation and negotiation
• Applications to current, real world problems with Problem Boxes for class discussion
• Consideration for where ADR fits in a changing post-COVID world of disputing, domestic and international

Professors and students will benefit from:

• A shorter, more compact book than many other ADR casebooks.
• Exercises and discussion problems throughout.
• A flexible format, designed for one chapter to be covered each week of a typical ADR course.
• International and multi-party dispute resolution, each treated comprehensively in discrete chapters.
• Authorship by award-winning authors, recognized domestically and internationally for their scholarship, practice, policy making, and standards drafting throughout the range of ADR processes.
• Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, 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 include 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, and counseling clients about uses of ADR. Key cases include Viking River Cruises v. Moriana, ATT v. Concepcion and other recent Supreme court cases on arbitration, and materials on enforcement of negotiation and mediation agreements.

Table of Contents

Summary of Contents

Contents
Preface to the Fourth Edition 
Preface to the Third Edition 
Preface to the Second Edition 
Preface to the First Edition 
Acknowledgments 

PART I. INTRODUCTION 
1. Introducing the Fields of Conflict and Dispute Resolution 
2. The Lawyer as Problem Solver 

PART II. THE BASIC PROCESSES: NEGOTIATION,
MEDIATION, AND ARBITRATION 
3. Negotiation: Concepts and Models
4. Negotiation: Skills and Practices 
5. Negotiation: Law and Ethics 
6. Mediation: Concepts and Models
7. Mediation: Skills and Practices 
8. Mediation: Law, Policy, and Ethics 
9. Arbitration: Concepts and Models 
10. Arbitration: Law and Policy 
11. Arbitration: Practice and Ethics 

PART III. PROCESS PLURALISM: ADAPTATIONS AND VARIATIONS OF PROCESSES 
12. Private and Public Hybrid Processes 
13. Multiparty Dispute Resolution and Dispute System Design 
14. Choosing an Appropriate Process: For Your Clients and
the Future of ADR as Systems of Dispute Resolution 

Table of Online Resources 
Table of Principal Cases 
Collected References 
Index