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Resolving Disputes: Theory, Practice, and Law, Fourth Edition

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Authors
  • Jay Folberg
  • Dwight Golann
  • Thomas J. Stipanowich
  • Jennifer Reynolds
  • Amy J. Schmitz
Series / Aspen Casebook Series
BOOKMARK
Book length
804 pages
Publication Date
2021-09-14
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.

Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions.

New to the Fourth Edition:

  • Fresh new material and perspectives benefiting from two new coauthors
  • More problems, techniques, resources, and video-based examples of effective representation in mediation
  • Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read
  • Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments
  • Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field
  • Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today
  • Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes
  • Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation
  • Access to arbitration games, exercises and streaming interviews with top arbitration experts
  • An in-depth chapter on mixing ADR modes and hybrid processes

Professors and student will benefit from:

  • Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course
  • Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes
  • Practice-based approach that helps students apply the concepts and better identify the value in the content
  • Exercises and problems that facilitate classroom discussion
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Table of Contents
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Preface
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About the authors
Jay Folberg
Professor Emeritus
University of San Francisco

Jay Folberg is Professor Emeritus and former Dean at the University of San Francisco School of Law. In addition to being an active mediator and arbitrator for 40 years, he served as the Founding Executive Director of the JAMS Institute and is Chair of the JAMS Foundation. Professor Folberg was appointed by the Chief Justice of the California Supreme Court to chair a statewide task force on Alternative Dispute Resolution, and also to chair the Judicial Council’s Blue Ribbon Panel on Arbitration Ethics.

He was honored in 2003 with the California Judicial Council’s Amicus Curiae Award, its highest honor to a lawyer, "for his leadership in the field of alternative dispute resolution and his outstanding contributions to the California courts.” Professor Folberg is also the recipient of the Academy of Family Mediators Distinguished Mediator Award, the Mediation Society’s Outstanding Contribution to Mediation Award, and the Lifetime Achievement Award of the American College of Civil Trial Mediators.

He has conducted mediation and negotiation trainings around the world and authored many ADR books and articles.

Dwight Golann
Professor
Suffolk University Law School

Dwight Golann is Research Professor of Law at Suffolk University Law School where he teaches Dispute Resolution, Negotiation, and Mediation. He is an active mediator, having resolved hundreds of legal disputes in a wide variety of subject areas. Professor Golann has been a Visiting Scholar at the Program on Negotiation at Harvard, taught in its Program of Instruction for Lawyers, and served as a visiting professor at Pepperdine, Oregon, Boston University, and other law schools. He has trained mediators for bar associations across the United States as well as the Federal Judicial Center, Justice Department, European Union, and ADR organizations on five continents.

He serves as a Distinguished Neutral on the Panel of the CPR Institute, the International Mediation Institute, and other organizations. Professor Golann was a civil litigator before becoming a law teacher, practicing with a law firm and later as Chief of the Trial Division of the Massachusetts Attorney General, where he supervised the litigation and settlement of all legal claims brought against the state. He has tried and argued cases at every level of the court system from local juries to the Supreme Court.

Professor Golann holds the Lifetime Achievement Award of the American College of Civil Trial Mediators and Honorary Membership in the International Academy of Mediators, and in 2021 received the Scholarship Award from the ABA Section of Dispute Resolution.

Thomas Stipanowich
Professor
Pepperdine University School of Law

Thomas J. Stipanowich is William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University School of Law, where for fifteen years he was Academic Director and later, Dean of the Straus Institute for Dispute Resolution. He has had a distinguished career as a scholar, teacher, speaker, and leader in the field along with wide-ranging experience as a commercial and construction mediator and arbitrator (now with JAMS), federal court special master, and facilitator. From 2001 until mid-2006, he served as CEO of the International Institute for Conflict Prevention & Resolution (CPR).

The longtime William L. Matthews Professor of Law at the University of Kentucky, he has authored two of the leading books on commercial arbitration and many articles on ADR, including the highly respected and influential five-volume treatise Federal Arbitration Law (with Ian Macneil and Richard Speidel), named Best New Legal Book by the Association of American Publishers. He received the CPR Best Professional Article award (2010) for "Arbitration, The ‘New Litigation’" and "Arbitration and Choice," and served as editor-in-chief of the award-winning College of Commercial Arbitrators Protocols for Expeditious, Cost-Effective Arbitration. He served on the Advisory Board of the Restatement of U.S. Law on International Arbitration and the New York International Arbitration Center. He also helped found a regional mediation center and has served as an advisor or reporter for many other initiatives in the field.

In 2019, he was named a member of the Distinguished Affiliated Global Faculty of Peking University School of Law (Beida) and was the first non-Indian honored as a Distinguished Professor of Law by National Law University Delhi. In 2008, he was awarded the highest honor of the ABA Dispute Resolution Section, the D’Alemberte-Raven Award for contributions to the field of conflict resolution, and was only the fourth individual (and the first American) to hold the title of Companion, the highest honor accorded by the Chartered Institute of Arbitrators.

Jennifer Reynolds
Associate Dean
University of Oregon School of Law

Jennifer Reynolds is Professor of Law and Associate Dean of Faculty Research and Programs at the University of Oregon School of Law. She also serves as the Faculty Director of the nationally ranked Oregon ADR Center, which in June 2016 received the Ninth Circuit Award for Excellence in ADR Education. She is a dedicated teacher and has received the University of Oregon's Ersted Award for Distinguished Teaching and the law school's Orlando J. Hollis Teaching Award.

Additionally, Reynolds is an avid scholar and has written extensively on cultural implications of alternative processes, with recent focus on high-profile public conflicts. She has served as the national chair of the ADR Section of the Association of American Law Schools and as co-chair for the Legal Education Policy Committee for the ABA Section on Dispute Resolution. She is an active blogger for the ADR professor blog, indisputably.

In 2016, Reynolds was appointed as the interim ombudsperson at the University of Oregon. During the academic year 2017-18, she was a visiting professor at Harvard Law School, teaching civil procedure; narrative mediation; criminal-side ADR; and a reading group on critiques of alternative processes. She received her law degree cum laude from Harvard Law School, her master's degree in English from the University of Texas at Austin, and her bachelor's degree from the University of Chicago. While at Harvard, Reynolds served as an editor of the Harvard Law Review; as a research assistant for Professor Arthur Miller on his treatise, Federal Practice and Procedure; and as a teaching assistant, researcher, and Harvard Negotiation Research Project Fellow for the Program on Negotiation.

Amy J. Schmitz
Professor
University of Missouri School of Law

Professor Amy J. Schmitz is a professor at The Ohio State Moritz College of Law and Program on Dispute Resolution as the John Deaver Drinko-Baker & Hostetler Endowed Chair in Law. She is also affiliated with The Ohio State Program on Data Governance and the Divided Community Project. Before teaching at Ohio State, Professor Schmitz taught at the University of Missouri School of Law and Center for Dispute Resolution as the Elwood L. Thomas Missouri Endowed Professor of Law, starting in 2016. Previously, she was a Professor at the University of Colorado School of Law for over 16 years. Prior to teaching, Professor Schmitz practiced law with large law firms in Seattle and Minneapolis and served as a law clerk for the U.S. Court of Appeals for the Eighth Circuit.

Professor Schmitz teaches courses in Contracts, Lawyering and Problem-Solving, Online Dispute Resolution (ODR), Arbitration, International Arbitration, and Consumer Law. She has been heavily involved in Arbitration and ODR teaching and research for a long time and is a Fellow of the National Center for Technology and Dispute Resolution, as well as the Co-Chair of the ABA Technology Committee of the Dispute Resolution Section and the ODR Task Force.

Professor Schmitz has delivered over 150 presentations and hosts The Arbitration Conversation, a highly regarded podcast that has reached over 100 episodes. She is also a researcher with the ACT Project exploring AI and dispute resolution at the Cyberjustice Lab in Montreal. She has published over 60 articles in law journals and books, is a co-author of the leading casebook, Resolving Disputes: Theory, Practice and Law (Aspen Publishing 2021), the new book with Stipanowich, Arbitration: Theory, Practice and Law (Forthcoming Aspen Publishing 2022), and a book with C. Rule, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection.

Product Information
Edition
Fourth Edition
Publication date
2021-09-14
Copyright Year
2021
Pages
804
Connected eBook + Hardcover
9781543809084
Connected eBook (Digital Only)
9781543845945
Subject
Dispute Resolution
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