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Dispute Resolution: Beyond the Adversarial Model, Fourth Edition

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Authors
  • Carrie J. Menkel-Meadow
  • Lela Porter Love
  • Andrea Kupfer Schneider
  • Michael L. Moffitt
  • Kristen Blankley
Series / Aspen Casebook Series
BOOKMARK
Book length
680 pages
Publication Date
2025-02-01
Edition
Fourth Edition
Teaching Materials
NO
Description
Table of contents
Preface

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

This new edition of Dispute Resolution: Beyond the Adversarial Model covers the key processes of negotiation, mediation, and arbitration with later chapters diving into hybrid and multiparty processes, dispute system design, and counseling your client about dispute resolution processes.

This casebook provides a comprehensive look at the current state of ADR, incorporating 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 how to counsel users of such processes; and legal and policy analyses. Throughout the text, students are engaged as active participants in resolving problems, using individual or combined resolution processes in varying gender, race, and cultural contexts, as well as current events. This award-winning author team uses thought-provoking, interesting readings in addition to exercises and discussion problems to enhance the latest edition of this widely respected textbook, designed with instructors and students in mind.

New to the Fourth Edition:
  • The latest on Online Dispute Resolution and the evolution of Dispute System Design
  • The most recent Supreme Court decisions on arbitration, and empirical work on mediation and negotiation
  • Applications to current, real world problems with Problem Boxes for class discussion
  • Consideration for where ADR fits in a changing post-COVID world of disputing, domestic and international
Professors and students will benefit from:
  • A shorter, more compact book than many other ADR casebooks.
  • Exercises and discussion problems throughout.
  • A flexible format, designed for one chapter to be covered each week of a typical ADR course.
  • International and multi-party dispute resolution, each treated comprehensively in discrete chapters.
  • Authorship by award-winning authors, recognized domestically and internationally for their scholarship, practice, policy making, and standards drafting throughout the range of ADR processes.
  • 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 Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, and counseling clients about uses of ADR. Key cases include Viking River Cruises v. Moriana, ATT v. Concepcion and other recent Supreme court cases on arbitration, and materials on enforcement of negotiation and mediation agreements.
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Table of Contents
Summary of Contents

Contents
Preface to the Fourth Edition 
Preface to the Third Edition 
Preface to the Second Edition 
Preface to the First Edition 
Acknowledgments 

PART I. INTRODUCTION 
1. Introducing the Fields of Conflict and Dispute Resolution 
2. The Lawyer as Problem Solver 

PART II. THE BASIC PROCESSES: NEGOTIATION,
MEDIATION, AND ARBITRATION 
3. Negotiation: Concepts and Models
4. Negotiation: Skills and Practices 
5. Negotiation: Law and Ethics 
6. Mediation: Concepts and Models
7. Mediation: Skills and Practices 
8. Mediation: Law, Policy, and Ethics 
9. Arbitration: Concepts and Models 
10. Arbitration: Law and Policy 
11. Arbitration: Practice and Ethics 

PART III. PROCESS PLURALISM: ADAPTATIONS AND VARIATIONS OF PROCESSES 
12. Private and Public Hybrid Processes 
13. Multiparty Dispute Resolution and Dispute System Design 
14. Choosing an Appropriate Process: For Your Clients and
the Future of ADR as Systems of Dispute Resolution 

Table of Online Resources 
Table of Principal Cases 
Collected References 
Index
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Preface
Professor Materials
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About the authors
Carrie Menkel-Meadow
Georgetown University Law Center

Carrie Menkel-Meadow is the Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and A.B. Chettle Jr. Professor of Law, Dispute Resolution, and Civil Procedure Emerita at Georgetown University Law Center. She is one of the founders of the modern legal dispute resolution field and has been teaching negotiation, mediation, and related subjects for over 35 years.

She has published over 15 books and 200 articles in the field, including Mediation and Its Applications for Good Decision Making and Dispute Resolution (2016); Dispute Resolution Beyond the Adversary Model (3rd ed. 2018); Negotiation: Processes for Problem Solving (2nd ed. 2014); Mediation: Practice, Policy, and Ethics (2nd ed. 2013); What’s Fair: Ethics for Negotiators (2004); and a three-volume edited treatise Complex Dispute Resolution: Foundations, Decision Making, Multi-Party Dispute Resolution and International Dispute Resolution (2012).

She was the first recipient of the American Bar Association’s Award for Scholarly Excellence in Dispute Resolution (2011), for her work in conceptualizing the role of the lawyer as a “problem-solver,” and has won the Center for Public Resources Award for Best Scholarly Article on Dispute Resolution three times (1983, 1991, and 1998). In February 2018, she was awarded the American Bar Foundation’s Award for Outstanding Scholar, recognizing her decades of research in dispute resolution, legal ethics, the legal profession, and legal feminism. She has also won numerous awards for her teaching.

Professor Menkel-Meadow has taught law and dispute resolution to diplomats, lawyers, law students, mediators, government officials, and ordinary citizens in 26 countries (on seven continents). She is an active mediator and arbitrator, as well as a policy and strategic planning facilitator, and has consulted for the World Bank, United Nations, the Federal Judicial Center, federal and state courts, and the International Red Cross on matters of conflict resolution and dispute system design. She has also worked on peace in the Middle East, transnational legal issues in Europe, transitional justice in South America, and new forms of economic cooperation and dispute resolution and legal education in Asia. She has mediated and arbitrated hundreds of disputes in the United States, including commercial, class action, employment, health, asbestos, insurance, intellectual property, arts, and education cases, as well as many general civil litigation matters. She has also mediated and arbitrated cases outside of the United States.

Andrea Kupfer Schneider

Andrea Kupfer Schneider is a Professor of Law and Director of the Kukin Program for Conflict Resolution at Cardozo School of Law. Professor Schneider was the previous director of the nationally ranked ADR program at Marquette University Law School in Wisconsin, where she taught ADR, Negotiation, Ethics and International Conflict Resolution for over two decades. In addition to overseeing the ADR program, Professor Schneider was the inaugural director of the university’s Institute for Women’s Leadership. In 2024, Professor Schneider was awarded the Rubin Theory to Practice Award given by the International Association of Conflict Management (IACM) honoring meritorious and long-standing contributions at the nexus of theory, research and practice. She was named the 2017 recipient of the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work, the highest scholarly award given by the ABA in the field of dispute resolution. And in 2009, Professor Schneider was awarded the Woman of the Year Award by the Wisconsin Law Journal and the Association for Women Lawyers. Professor Schneider has published numerous articles on negotiation, plea bargaining, negotiation pedagogy, ethics, gender and international conflict. Her books include Discussions in Dispute Resolution: The Foundational Articles, edited with Art Hinshaw and Sarah Cole (Oxford University Press 2021) (winner of the 2022 CPR Book Award); multiple textbooks in the field including Dispute Resolution: Beyond the Adversarial Model (with Carrie Menkel-Meadow, Lela Love and Michael Moffitt), Negotiation: Processes for Problem-Solving (with Menkel-Meadow & Love), Mediation: Practice, Policy, and Ethics (with Menkel-Meadow & Love), Dispute Resolution: Examples & Explanations (with Moffitt); Negotiating Crime: Plea Bargaining, Problem Solving, and Dispute Resolution in the Criminal Context (with Cynthia Alkon); and essay collections including Negotiation Essentials for Lawyers (ABA Book Publishing, 2019) and The Negotiator’s Desk Reference (DRI Press 2017), both co-edited with Chris Honeyman. She also co-authored the book Smart & Savvy: Negotiation Strategies in Academia with her father, David Kupfer and published the 25th anniversary edition of her book Creating the Musée d’Orsay: The Politics of Culture in France. She is a founding editor of Indisputably, the blog for ADR law faculty, and started the Dispute Resolution Works-in-Progress annual conferences in 2007. In 2016, she gave her first TEDx talk titled Women Don’t Negotiate and Other Similar Nonsense. Professor Schneider received her A.B. cum laude from Princeton University’s School of Public and International Affairs and her J.D. cum laude from Harvard Law School. She also received a Diploma from the Academy of European Law in Florence, Italy.

Michael Moffitt

Professor Moffitt holds the Philip H. Knight Chair in Law at the University of Oregon, where he previously served for six years as the Dean of the University of Oregon School of Law. He is currently the Roger D. Fisher Visiting Professor in Negotiation and Conflict Resolution at Harvard Law School, where he leads the Law School’s flagship Negotiation Workshop. Prior to serving as Dean at Oregon, he was the Associate Dean for Academic Affairs, and served as the Associate Director of Oregon’s nationally-ranked Appropriate Dispute Resolution Center. He taught Negotiation, Dispute Resolution, Arbitration, Advanced Negotiation, the Law of Settlement, Settlement and the Courts, and Civil Procedure. He served as a law clerk to United States District Judge Ann Aldrich. Professor Moffitt served as the first Clinical Supervisor of the Harvard Mediation Program and spent several years as a consultant with Conflict Management Group, designing and delivering mediation services, negotiation coaching, and training workshops in about two dozen countries around the world. His clients have included senior judges, tribal leaders, unionized prison guards, accountants, railroad officials, major law firms, multinational corporations, and diplomatic academy trainees.
Product Information
Edition
Fourth Edition
Publication date
2025-02-01
Copyright Year
2025
Pages
680
Connected eBook + Hardcover
9781543847130
Connected eBook (Digital Only)
9781543857436
Subject
Dispute Resolution
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