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

  • Jay Folberg
  • Dwight Golann
  • Thomas J. Stipanowich
  • Jennifer Reynolds
  • Amy J. Schmitz
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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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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Fourth Edition
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Connected eBook + Hardcover
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Dispute Resolution
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