Discussions in Dispute Resolution
Title | Discussions in Dispute Resolution PDF eBook |
Author | Art Hinshaw |
Publisher | Oxford University Press |
Pages | 443 |
Release | 2021 |
Genre | Law |
ISBN | 0197513247 |
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Discussions in Dispute Resolution
Title | Discussions in Dispute Resolution PDF eBook |
Author | Andrea Kupfer Schneider |
Publisher | |
Pages | 414 |
Release | 2021 |
Genre | Arbitration and award |
ISBN | 9780197513255 |
"As a law professor who t ...
The Handbook of Dispute Resolution
Title | The Handbook of Dispute Resolution PDF eBook |
Author | Michael L. Moffitt |
Publisher | John Wiley & Sons |
Pages | 580 |
Release | 2012-06-28 |
Genre | Law |
ISBN | 1118429834 |
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
Dispute Resolution
Title | Dispute Resolution PDF eBook |
Author | Stephen B. Goldberg |
Publisher | Aspen Publishing |
Pages | 704 |
Release | 2022-10-27 |
Genre | Law |
ISBN | 1543820816 |
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition 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—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Dispute Resolution
Title | Dispute Resolution PDF eBook |
Author | Stephen B. Goldberg |
Publisher | Aspen Publishers |
Pages | 622 |
Release | 1985 |
Genre | Law |
ISBN | 9780316319287 |
This work provides a comprehensive discussion of negotiation, mediation, adjudication, and their hybrid variants. Impediments to the use of "alternative dispute resolution" and suggestions on how to overcome them are treated in the book.
Conflict and Dispute Resolution
Title | Conflict and Dispute Resolution PDF eBook |
Author | Mieke Brandon |
Publisher | Oxford University Press, USA |
Pages | 300 |
Release | 2007 |
Genre | Business & Economics |
ISBN |
onflict and Dispute Resolution is a practical guide to understanding dispute resolution theory in the context of organisational, psychological and social work themes. It covers the spectrum of interventions; from the prevention of conflict, ignoring it, managing it through feedback, difficult conversations, self mediation, conflict coaching to facilitative processes such as dispute facilitation, mediation, concilliation and managing groups and multi party disputes. The book encourages diverse thinking about how conflict impacts not only on the individual, but also on relationships in their broadest sense, at home, at work, locally and globally. The authors show how to apply the theoretical aspects of mediation to skill building for conflict management, negotiation and mediation, and include discussion of assessment methods. Conflict Resolution and Mediation is comprehensive in its coverage of all the skills and processes needed by students, coaches, mentors and practitioners to help deal with dilemmas and become reflective practitioners. It is complete with case studies, clear examples and dialogue extracts to assist in becoming more aware and more effective at beign able to provide an appropriate process for parties to achieve their outcome.
Argumentation in Dispute Mediation
Title | Argumentation in Dispute Mediation PDF eBook |
Author | Sara Greco Morasso |
Publisher | John Benjamins Publishing |
Pages | 306 |
Release | 2011-03-09 |
Genre | Language Arts & Disciplines |
ISBN | 9027287279 |
The context of mediation immediately highlights the importance of argumentation as a means to reasonably handle conflict. Argumentation in dispute mediation tackles this topic providing both theoretical insights and detailed empirical argumentative analysis. Its goal is twofold: to explore mediation as a real-life context of argumentation and to show how an increased argumentative awareness could improve conflict resolution. Particular emphasis is accorded to mapping mediation through an interdisciplinary reasoned review of existing accounts. The outline of a conceptual framework of mediation constitutes a solid basis for the study of argumentation in mediation. The argumentative analysis of a corpus of mediation cases, based on the pragma-dialectical account and the Argumentum Model of Topics, shows the mediator’s moves which actually help conflicting parties discuss reasonably. The mediator’s topical potential plays a crucial role in this relation at the levels of issue selection, evoking of cultural-contextual premises and choice of argument schemes.