Examples & Explanations for Dispute Resolution

by Moffitt, Michael L.; Schneider, Andrea Kupfer; Cole, Sarah Rudolph

• ISBN13: 9798886142150
• ISBN10: 8886142153
• eBook ISBN(s): 9798892070027
• Edition: 5th
• Format: Paperback
• Copyright: 2025-03-05
• Publisher: Aspen Publishing
• More Book Details

Summary

Highly respected DR authors Michael Moffitt, Andrea Schneider, and Sarah Cole bring their experience and expertise to the proven-effective Examples & Explanations series pedagogy. Dispute Resolution, Fifth Edition combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution.
 
New to the Fifth Edition:

• A new chapter addressing interviewing and analytic skills, including identifying interests and effective questioning—materials the NextGen Bar Exam will test.
• Updated and streamlined coverage of arbitration, in light of recent Supreme Court cases, including New Prime, DirectTV, and Schein v. Archer
• Updated treatment of mediation confidentiality, ethics, and the enforcement of mediation agreements
• Updated materials on fraud and other negotiation misconduct
• Includes recent U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications
• Cites and references to principal cases used in most leading casebooks
• Updated examples throughout with reframed questions based on the structure of the NextGen Bar.

Professors and students will benefit from:

• Practical and broad coverage of the three principal areas of dispute resolution practice
• Examples that reflect the NextGen Bar’s multilayered testing approach.
• Up-to-date coverage of recent court developments
• Entertaining examples designed to make significant concepts engaging and memorable
• A modular approach that permits a student to engage with the materials in any sequence, and adapt easily to any textbook or casebook 

Table of Contents

Summary of Contents

Contents
Preface 
Acknowledgments 

Chapter 1 An Introduction to Negotiation 
Chapter 2 Decision Making in Negotiation
Chapter 3 The Law of Negotiation 
Chapter 4 Identifying Interests & Priorities Through Interviewing
Chapter 5 Attorneys, Clients, and Dispute Resolution 
Chapter 6 An Introduction to Mediation 
Chapter 7 Keeping Secrets: Confidentiality in Mediation 
Chapter 8 An Introduction to Arbitration 
Chapter 9 Must This Dispute Go to Arbitration? 
Chapter 10 Federal Preemption and the Law(s) of Arbitration 
Chapter 11 Dispute Resolution Within the Court System 
Appendix 1: The Uniform Mediation Act 
Appendix 2: The Model Standards of Conduct for Mediators 
Appendix 3: The Federal Arbitration Act 

Table of Authorities
Index