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Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition

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Authors
  • Stephen B. Goldberg
  • Frank E.A. Sander
  • Nancy H. Rogers
  • Sarah Rudolph Cole
Series / Aspen Casebook Series
BOOKMARK
Book length
704 pages
Publication Date
2020-02-02
Edition
Seventh Edition
Teaching Materials
NO
Description
Table of contents

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

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
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About the authors
Stephen B. Goldberg
Northwestern University

Stephen Goldberg is professor of law emeritus at Northwestern University School of Law. Along with Dispute Resolution, Professor Goldberg has authored several other publications including "Is the Mediator's Primary Goal to Settle the Dispute?" Dispute Resolution Magazine, Winter 2009; "Of Further Investigation into the Secrets of Successful and Unsuccessful Mediators," Alternatives, 2008; Gérer les Conflits Autrement, 2008; "The Secrets of Successful (and Unsuccessful) Mediators Continued: Studies Two and Three," Negotiation Journal, 2007; and "What Happens After the Arbitrator's Award," Proceedings, 59th Annual Meeting, National Academy of Arbitrators, 2007.

Frank E.A. Sander
Professor
Harvard University

Frank E.A. Sander, A.B. (Mathematics), LL.B., Harvard University, who passed away in 2018, was a Bussey Professor of Law, Emeritus, at Harvard Law School. Professor Sander came to the Harvard Law School faculty in 1959 after clerking with Justice Frankfurter and several years of practice, including two years with the Tax Division, U.S. Department of Justice. A scholar in taxation and family law in his early teaching years, he more recently taught an overview course in Alternative Dispute Resolution as well as courses on Negotiation and Mediation and co-taught readings on Dispute System Design. For many years, he served as Associate Dean and as co-director of the Harvard Program on Dispute Resolution. Chief Justice Warren Burger invited Professor Sander to deliver a paper on alternative dispute resolution at the Pound Conference in 1976, where he presented a concept that has since been called the “multi-door courthouse.”

Professor Sander is the co-author of Dispute Resolution: Negotiation, Mediation, Arbitration and Other Processes, now in a sixth edition. His co-authored article, “Fitting the Forum to the Fuss,” in 1994 sounded a theme that is repeated in Designing Systems and Processes for Managing Disputes. Professor Sander served for fourteen years on the ABA Standing Committee on Dispute Resolution, including three years as Chair, and an even longer period as Chair of the Editorial Board of the ABA Section on Dispute Resolution’s Dispute Resolution Magazine. The American Bar Association honored Professor Sander with its Kutak Award, and the ABA Section on Dispute Resolution gave him the D’Alemberte-Raven Award and the Outstanding Scholarly Work Award, named an annual lecture series for him, and devoted a recent issue of its Dispute Resolution Magazine to honoring him. Professor Sander has also received awards for his contributions to dispute resolution from the American Arbitration Association (Whitney North Seymour, Sr. Award), the International Academy of Mediators (Lifetime Achievement Award), and the International Institute for Conflict Prevention and Resolution.

Nancy H. Rogers
The Ohio State University

Nancy H. Rogers, B.A., University of Kansas; J.D. Yale Law School, is Professor Emeritus and Emeritus Michael E. Moritz Chair in Alternative Dispute Resolution at the Ohio State University Moritz College of Law. Since joining the Moritz faculty, she has served as Ohio Attorney General, Dean of the Moritz College of Law, Vice Provost for Academic Administration of The Ohio State University, Visiting Professor of Law at Harvard Law School, and Associate Dean for Academic Affairs for Moritz. Teaching civil procedure and evidence in her early teaching years, she has taught more recently in the dispute resolution area, including courses in Dispute System Design, Mediation, Negotiation, Dispute Resolution, and Facilitation.

Prior to joining the faculty, she was a law clerk for U.S. District Judge Thomas D. Lambros in Cleveland and practiced law in the Glenville-area office of the Cleveland Legal Aid Society. Professor Rogers' co-authored treatise on mediation received the CPR Legal Program Book Prize in 1989, and her co-authored short text on mediation received the same national prize in 1987. She is also a co-author of Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, now in its sixth edition. Professor Rogers was a member of the ABA Standing Committee on Dispute Resolution and served as chair for two years.

She was President of the Association of American Law Schools in 2007 and was a member of its Executive Committee for five years. She was a member of the National Conference of Commissioners of Uniform State Laws for seven years and was Reporter for the Conference's Uniform Mediation Act. Professor Rogers received awards for her dispute resolution work from the American Bar Association Section on Dispute Resolution (D'Alemberte-Raven Award) and the American Arbitration Association (Whitney North Seymour, Sr. Medal).

Sarah Rudolph Cole
The Ohio State University

Sarah Cole is Squire, Sanders Dempsey Designated Professor of Law and Director of the Program on Dispute Resolution at the Ohio State University School of Law. Professor Cole practiced labor and employment law with Heller, Ehrman, White McAuliffe in Seattle and Seyfarth, Shaw, Fairweather Geraldson in Chicago before joining the faculty at Creighton University School of Law. While at Creighton, and now at Ohio State, Professor Cole has focused her research on the legal issues and policy that have arisen as a result of the increased use of alternative dispute resolution. She teaches primarily in the Alternative Dispute Resolution area, but has also taught Torts, Remedies, and Administrative Law.

Professor Cole has recently published articles in BYU Law Review, Georgia Law Review, Hastings Law Journal, and the Ohio State Journal on Dispute Resolution. Professor Cole is co-author, with Dean Nancy H. Rogers and Dean Craig McEwen, of Mediation: Law, Policy and Practice (2d. ed. 1994), the leading treatise in the field of mediation, and co-author with Dean Nancy H. Rogers, Frank Sander, and Stephen Goldberg of Dispute Resolution: Negotiation, Mediation and Other Processes (4th ed. 2003), one of the leading dispute resolution casebooks in the country.

She is a member of the Arbitration Committee and the Public Service Institute for the ABA Section on Dispute Resolution and a regular speaker on ADR topics at national meetings. She was a member of the academic advisory faculty that consulted with NCCUSL and the ABA regarding the drafting of the Uniform Mediation Act. She also consults regularly with the OSBA dispute resolution committee and the Ohio Supreme Court Commission on Dispute Resolution on dispute resolution issues arising in Ohio.
Product Information
Edition
Seventh Edition
Publication date
2020-02-02
Copyright Year
2020
Pages
704
Connected eBook with Study Center + Hardcover
9781543801088
Connected eBook with Study Center (Digital Only)
9781543849431
Subject
Dispute Resolution
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