Resolving Disputes: Theory, Practice, and Law / Edition 3

by Jay Folberg, Dwight Golann, Thomas J. Stipanowich, Lisa A. Kloppenberg

Overview

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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.

Product Details

ISBN-13:	9781454838746
Publisher:	Wolters Kluwer Law & Business
Publication date:	04/25/2016
Series:	Aspen Casebook Series
Edition description:	New Edition
Pages:	912
Product dimensions:	7.80(w) x 10.20(h) x 1.90(d)

Table of Contents

Summary of Contents

• Dispute Resolution: What It's All About

Part I. Negotiation

• Negotiation and Conflict: The Big Picture
• The Inner Negotiator: It's All in Our Heads
• Negotiator Styles
• The Negotiation Dance: Step by Step
• Gender and Cultural Considerations
• The Ethical Negotiator
• What's Law Got to Do with It?

Part II. Mediation

• Mediation:The Big Picture
• A Deeper AExamination of Method
• Representing Clients in Mediation
• Specific Applications
• Court-Connected Mediation and Fairness Concerns
• Law and Ethics

Part III. Arbitration

• Arbitration: The Big Picture
• Arbitration Agreements, Procedures, and Awards

• The Legal Framework Supporting Arbitration
• Fairness in Arbitration

Part IV. Mixing, Matching, and Moving Forward

• Matching the Process to the Dispute
• 'Ice Breakers,' Stepped Clauses, and Conflict Management Systems
• When Neutrals Wear Multiple Hats
• Looking Ahead: Opportunities and Challenges in ADR and Conflict Management