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Dispute Resolution

Author: Stephen B. Goldberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454822910
Size: 62.91 MB
Format: PDF, ePub, Docs
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This comprehensive casebook provides overviews, critical examinations and analyses of the application of ADR s three main processes for settling legal disputes without litigation-- negotiation, mediation, and arbitration-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice. Distinguished, experienced author team. Direct, accessible writing. Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques ADR Research Guide in appendix. The revised Sixth Edition includes: More practice-related issues. The role and applications of modern technology in ADR. International applications of ADR processes. Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful. Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process. Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes. Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality. New questions and exercises, including exercises in mediation-arbitration and online dispute resolution.

Dispute Resolution

Author: Stephen B. Goldberg
Publisher: Aspen Publishers
ISBN: 9780735507104
Size: 19.45 MB
Format: PDF, ePub, Docs
View: 1994
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This comprehensive casebook provides overviews, critical examinations and analyses of the application of ADR s three main processes for settling legal disputes without litigation-- negotiation, mediation, and arbitration-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to crit

Dispute Resolution

Author: Stephen B. Goldberg
Publisher: Aspen Law & Business
ISBN: 9780735564039
Size: 11.26 MB
Format: PDF
View: 2478
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This comprehensive casebook provides overviews, critical examinations and analyses of the application of ADR s three main processes for settling legal disputes without litigation-- negotiation, mediation, and arbitration-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice. Distinguished, experienced author team. Direct, accessible writing. Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques ADR Research Guide in appendix. The revised Sixth Edition includes: More practice-related issues. The role and applications of modern technology in ADR. International applications of ADR processes. Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful. Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process. Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes. Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality. New questions and exercises, including exercises in mediation-arbitration and online dispute resolution.

Dispute Resolution

Author: Carrie J. Menkel-Meadow
Publisher: Aspen Publishers
ISBN: 145485202X
Size: 32.22 MB
Format: PDF, Docs
View: 4568
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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

Designing Systems And Processes For Managing Disputes

Author: Nancy H. Rogers
Publisher: Wolters Kluwer Law & Business
ISBN: 1454829095
Size: 26.31 MB
Format: PDF, ePub
View: 999
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Designing Systems and Processes for Managing Disputes is the first book of its kind that teaches students how to address situations where highly complex disputes--or series of disputes--are not well-served by existing systems. With clear focus on skill development, and challenging problems and exercises, the text provides numerous examples of complex disputes across a variety of venues. With a detailed Appendix to assist students with no prior dispute resolution experience, this casebook is appropriate for law school courses, as well as those taught in business or public policy schools. Flagship features of Designing Systems for the Effective Management of Conflict: Authors Rogers, Bordone, Sander, and McEwen are all renowned scholars in this area. Focus is on skill development for dispute systems designers. Challenging problems and exercises help students apply their learning. Numerous examples of complex disputes include: eBay, the child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts. Multi-disciplinary approach makes this course book appropriate for law, business or public policy school courses. Comprehensive Appendix assists students with no background in dispute resolution. Profiles of designers provide models for a career in professional dispute systems design work.

Negotiation

Author: Carrie J Menkel-Meadow
Publisher: Wolters Kluwer Law & Business
ISBN: 1454818913
Size: 73.89 MB
Format: PDF, Docs
View: 4363
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A distinguished team of leaders in the field of dispute resolution offers a thorough treatment of negotiation skills, ethics, and problem-solving techniques. Comprehensive and current, Negotiation: Processes for Problem Solving covers the theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of negotiation practice. Carefully selected cases are supported by key readings, from critical articles and empirical studies to statutes and regulations. An extensive Teacher’s Manual delivers problems, role-plays, sample syllabi, notes, and lists of supplemental materials. New research is distilled for use by law students and practicing lawyers. New and complex examples from international negotiation problems come from both private and public environments. The Second Edition explores new forms of complex negotiation in international, multi-party and diverse settings and considers negotiators as problem-solving lawyers. The text is perfectly suited to free standing negotiation courses in American and foreign law schools. New problem sets appear in the text, and new simulations are found in the Teacher's Manual Features: a thorough treatment of negotiation skills, ethics, and problem-solving techniques comprehensive, current coverage theory skills ethical issues legal and policy analyses relevant to all key areas of negotiation practice distinguished authors are leaders in the field of dispute resolution carefully selected cases supported by key readings, from critical articles and empirical studies to statutes and regulations problems role-plays sample syllabi notes lists of supplemental materials Thoroughly updated, the revised Second Edition presents: latest interdisciplinary approaches to negotiation, including new empirical studies on-line negotiation social and cognitive psychology gender and negotiation, and multiple party negotiation new negotiation research distilled for law students and practicing lawyers deeper discussion of negotiators as problem-solving lawyers new and complex examples from international negotiation problems in both private and public environments new forms of complex negotiation in international, multi-party, and diverse settings Excellent for use in free-standing negotiation courses in American and foreign law schools.

International Dispute Resolution

Author: Mary Ellen O'Connell
Publisher:
ISBN: 9781594609046
Size: 70.32 MB
Format: PDF, ePub
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Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication.The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format.The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.

Mediation

Author: Dwight Golann
Publisher: Wolters Kluwer Law & Business
ISBN: 1454876026
Size: 36.32 MB
Format: PDF, Kindle
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With an emphasis on the practical, Mediation: The Roles of Advocate and Neutral, Third Edition, integrates theory with skills and strategies, ethics, and multiple practice applications to teach students about mediation and how to represent clients effectively in the process. This next-generation casebook includes all of the mediation material in Resolving Disputes as well as selected materials from the negotiation and hybrid sections. It expands the mediation coverage in the survey casebook, focusing on psychological barriers, techniques of conducting legal mediation, and how to use mediation as a litigator. Lastly, the third edition of Mediation adds coverage not available in the survey book, including exploration of cognitive obstacles, subtle emotional issues, methods of facilitating positional bargaining and disagreements over legal issues, and policy issues affecting mediation. Features: Expanded discussion of how cognitive barriers and emotions such as grief and loss can impact settlement. Examples showing how lawyers sometimes act as informal mediators. A chapter that place caucus, no-caucus, all-caucus and transformative models of mediation side by side, allowing teachers to compare and contrast processes. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Negotiation

Author: Russell Korobkin
Publisher: Wolters Kluwer Law & Business
ISBN: 1454846100
Size: 64.46 MB
Format: PDF, ePub, Docs
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Unlike other books that focus on the nuts-and-bolts of the negotiation process, this text’s conceptual approach draws on psychology, cutting-edge scholarship, and law to create an analytical framework with which students can learn to think about negotiation strategy before applying the framework to specific negotiation problems and contexts. Features: Restructured treatment of the psychology of persuasion Part III framed to emphasize the critical importance of the relationship between negotiators Treatment of “trust” expanded with more discussion of extensive experimental data New treatment of the how to deal with the negative emotions that result from conflict Completely new simulations added to reinforce bargaining zone analysis, persuasion techniques, coping with emotions, and principal-agent relationships in negotiation

Mediation Ethics

Author: Ellen Waldman
Publisher: John Wiley & Sons
ISBN: 1118001346
Size: 32.35 MB
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Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates