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About the Book

Dispute Resolution: Beyond the Adversarial Model

Front Cover - Dispute Resolution: Beyond the Adversarial Model

Second Edition

Carrie J. Menkel-Meadow
Georgetown University Law Center

Lela Porter Love
Cardozo School of Law

Andrea Kupfer Schneider
Marquette University Law School

Jean R. Sternlight
Boyd School of Law, University of Nevada, Las Vegas

2010. 800 pages. ISBN: 978-0-7355-8919-3. With Teacher's Manual.

About the Book

This comprehensive look at the current state of ADR incorporates four key aspects for each of Negotiation, Mediation, Arbitration, and Hybrid processes:  the theoretical framework defining the process, the skills needed to practice it, the ethical issues implicated in its use, and the legal and policy analyses. 

Features:

  • Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice Ė Negotiation, Mediation, Arbitration, and hybrid processes Ė 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 recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes.
  • Practical approach to problem-solving.  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, 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 Gilliganís feminist In Another Voice to Fisher, Ury, and Pattonís Getting to YesRaiffaís Art and Science of Negotiation, and Machiavelliís The Prince. Key cases include Gilmer v. Interstate/Johnson Lane Corp. and In Re Holocaust Litigation.
  • Comprehensive Teacherís manual. Includes information on ADR careers and training and teaching notes; sample role-plays, simulations, and other experiential exercises; recommendations for supplemental materials, such as videos and transcripts; and examination and paper suggestions for each chapter.

New to the Second Edition:

  • New cases, articles, empirical studies, and other materials in all areas of arbitration, negotiation, mediation and hybrids.
  • Deep and comprehensive coverage in  more compactly edited, shorter form, with coordinated references to relevant role-plays, films, DVDs, videos, and other multi-media teaching material.
  • Ethics, skills and policy issues combined with law and theory of different processes.
  • Continued focus on practical problem solving, nested in theory-in-use of different dispute processes.
  • Book revised for use with extensive role plays available in Teacherís Manual, with comprehensive suggestions for teaching course and de-briefing exercises.
  • Focus on modern uses of dispute resolutionómulti-party, in court, private,complex, as well as basic dispute resolution.