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Dispute Resolution: Beyond the Adversarial Model, Third Edition

Authors
  • Carrie J. Menkel-Meadow
  • Lela Porter Love
  • Andrea Kupfer Schneider
  • Michael L. Moffitt
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents

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Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: 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, with questions and problems within the text.

New to the Third Edition:

  • A shorter, more compact book designed to be student-friendly
  • Exercises and discussion problems throughout
  • Designed for one chapter to be covered each week of a typical ADR course
  • The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation

Professors and students will benefit from:

  • Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—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 award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes.
  • Practical approach to problem-solving. The text 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, and 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. The text includes 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, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration.

Teaching materials include:

  • Numerous role-plays and simulations for skills development
  • Suggested teaching exercises, syllabi and “answers” to problem boxes found in text
  • Recommendations for supplemental materials, such as videos and transcripts
  • Examination and paper suggestions for each chapter
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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.

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
Third Edition
Publication date
2018-09-21
Copyright Year
2019
Pages
640
Connected eBook + Hardcover
9781454852025
Connected eBook with Study Center (Digital Only)
9781543830651
Subject
Dispute Resolution
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