Dispute Resolution

Author: Stephen B. Goldberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454822910
Size: 79.91 MB
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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.

Lawyers As Peacemakers

Author: J. Kim Wright
Publisher: American Bar Association
ISBN: 9781604428629
Size: 61.11 MB
Format: PDF
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Lawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need.

Dispute Resolution

Author: Carrie Menkel-Meadow
Publisher: Aspen Law & Business
ISBN: 9780735589193
Size: 48.87 MB
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Dispute Resolution: Beyond the Adversarial Model, Second Edition, takes a comprehensive look at the current state of Dispute Resolution by incorporating key aspects of the negotiation, mediation, arbitration, and hybrid processes: the theoretical frameworks that define the processes, the skills needed to practice them, the ethical issues implicated in their uses, and the legal and policy analyses surrounding each process. Key features of this casebook, which takes a practical approach to dispute resolution as problem solving, are: authors are among the leading scholars and teachers in the field of Dispute Resolution, recognized for their scholarship, teaching, practice, policy making, and standard drafting comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to key areas of contemporary DR practice are thoroughly covered using a rich range of up-to-date cases and readings students are engaged as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts multi-party and complex issue dispute resolution covered readings balance theory and theory-in-use and 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 Mary Parker Follett on creative conflict . Key cases include Gilmer v. Interstate/Johnson Lane Corp. and Supreme Court s 2009 arbitration decisions such as Hall Street & Penn Plaza New to the Second Edition: deep and comprehensive coverage in a more compactly edited, shorter form new cases, articles, empirical studies, and other materials in all areas of arbitration, negotiation, mediation, and hybrids ethics, skills, and policy issues combined with law and theory of different processes focus on modern uses of dispute resolution multi-party, in court, private, complex, as well as basic dispute resolution Offering a continued focus on practical problem solving, nested in theory-in-use of different dispute processes, Dispute Resolution: Beyond the Adversarial Model, is an invaluable teaching tool, appropriate for any skills-oriented clinic or class using practicums and simulations.

Mediation

Author: Dwight Golann
Publisher: Wolters Kluwer Law & Business
ISBN: 1454876026
Size: 59.42 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.

Collaborative Divorce Handbook

Author: Forrest S. Mosten
Publisher: John Wiley & Sons
ISBN: 9780470528563
Size: 68.14 MB
Format: PDF, Mobi
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Forrest S. Mosten Collaborative Divorce Handbook Helping families without going to court Praise for Collaborative Divorce Handbook "There are many roads to peace. Whether you engage in collaborative practice, which by definition includes the provision that professionals will not represent the parties in litigation, or some other process for respectful conflict resolution, you will find Collaborative Divorce Handbook to be an invaluable resource for deepening your understanding and enhancing your skills as a peacemaker." —Talia L. Katz, JD, executive director, International Academy of Collaborative Professionals "Collaborative lawyering is a promising new way of resolving disputes through joint problem solving rather than adversary litigation that has particular appeal for divorce cases. Whether you are a client who seeks to learn more about it or a lawyer using it who desires a wise guiding hand, this book is an invaluable resource." —Frank E. A. Sander, Bussey Professor Emeritus, Harvard Law School "Written by one of the innovative thinkers in the field, Collaborative Divorce Handbook is a treasure of information for all professionals interested in collaborative divorce. Easy to read, expansive, and chock-full of resources, it is bound to become a classic." —Constance Ahrons, PhD, author, The Good Divorce and We're Still Family, and professor emerita, University of Southern California "Family law is changing. As more people realize that the adversarial process is expensive, degrading, and stressful, they look for alternatives and find it in various forms of alternative dispute resolution. Woody Mosten is the nationally recognized leader of this movement, and his book on collaborative practice literally will be 'The Handbook' we will all follow." —Garrett C. Dailey, Esq., CFLS, AAML, president, Attorney's BriefCase, Inc.

Lawyer Negotiation

Author: Jay Folberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454876018
Size: 50.86 MB
Format: PDF, Mobi
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Designed to prepare law students to negotiate knowledgeably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Third Edition, features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A very readable, interesting, and lively text for any law school Negotiation course, this book reflects the authors' experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems and provocative questions throughout the text raise practical negotiation challenges and policy issues. Excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques, and eliminating the need for supplemental material. In addition, examples are included from cases, literature, and the authors' files. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on practice challenges. Fresh notes and examples. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. New material on telephone, email, and cyber negotiation More helpful advice for effectively representing clients and negotiating in mediation

Resolving Disputes

Author: Jay Folberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454877294
Size: 58.39 MB
Format: PDF, ePub, Docs
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Resolving Disputes: Theory, Practice, and Law, Third Edition, features a logical four-part organization that covers negotiation, mediation, arbitration, and hybrid approaches, which prepares law students to represent clients in all forms of alternative dispute resolution. Drawing on the authors decades of experience as teachers, neutrals, and ADR trainers, this casebook provides vivid examples presented from headline cases, literature, and the authors files. In addition, it offers excerpts from other leading authors so that diverse ideas are juxtaposed on major issues. The text integrates coverage of law, ethics, and practice and interesting notes, thoughtful problems and provocative questions throughout the text illustrate the role of the attorney, the perspective of the client and practical challenges. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on challenging topics. Fresh notes and examples from actual cases. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. A single chapter now contrasts commercial, no-caucus and transformative mediation techniques. Completely revised arbitration section, features interesting new material and engaging exercises. Presents practical information on drafting arbitration agreements, selecting arbitrators, and procedures. Recent legislative and judicial developments in arbitration law, award enforcement, and fairness issues. New treatment of hybrid ADR and dispute systems design. 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: Carrie J Menkel-Meadow
Publisher: Wolters Kluwer Law & Business
ISBN: 1454818913
Size: 41.72 MB
Format: PDF, Mobi
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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.

Negotiation

Author: Russell Korobkin
Publisher: Wolters Kluwer Law & Business
ISBN: 1454846100
Size: 60.29 MB
Format: PDF, ePub
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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

Dispute Resolution

Author: Michael L. Moffitt
Publisher: Aspen Law & Business
ISBN: 9780735570887
Size: 41.14 MB
Format: PDF, ePub, Docs
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Examples & Explanations: Dispute Resolution is the perfect complement to any course on ADR, Negotiation, Mediation, or Arbitration, because it balances theory with practice exercises -- the way dispute resolution is taught in most classes. Using the proven-effective Examples & Explanations pedagogy, straightforward text explains legal doctrines and analytic frameworks; examples and explanations give students practice applying those concepts in every chapter. From the highly respected Examples & Explanations series, Examples & Explanations: Dispute Resolution features: clear and timely introductions to legal theory and analytic frameworks, including: the Federal Arbitration Act, federal preemption, challenges to arbitration, and evolving federal law confidentiality, the Uniform Mediation Act, and state confidentiality laws explanations of each of the three primary ADR processes and the key concepts typically taught in an ADR class examples and explanations pedagogy that gives students practice applying the concepts covered in each chapter a logical organization that traces the coverage in most survey courses on Dispute Resolution liberal use of visual aids, such as diagrams, charts, and conceptual illustrations references to the principle cases used in most leading casebooks, including recent Supreme Court opinions distinguished authorship: Moffitt is co-editor of the award-winning Handbook of Dispute Resolution and has authored more than a dozen articles on dispute resolution; Schneider is a co-author of Dispute Resolution: Beyond the Adversarial Model, with Menkel-Meadow et al., and co-author of two other books on negotiation with Roger Fisher The Examples & Explanations pedagogy is perfectly tailored for the way most dispute resolution courses are taught. Examine your desk copy to determine whether your students wouldn't benefit from working through these carefully-crafted questions and hypotheticals on their own or as part of a classroom exercise.