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Examples & Explanations for Dispute Resolution, Fifth Edition

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Authors
  • Michael L. Moffitt
  • Andrea Kupfer Schneider
  • Sarah Rudolph Cole
Series / Examples & Explanations Series
BOOKMARK
Book length
372 pages
Publication Date
2025-03-03
Edition
Fifth Edition
Teaching Materials
NO
Description
Table of contents
Preface
Highly respected DR authors Michael Moffitt, Andrea Schneider, and Sarah Cole bring their experience and expertise to the proven-effective Examples & Explanations series pedagogy. Dispute Resolution, Fifth Edition combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution.
 
New to the Fifth Edition:
  • A new chapter addressing interviewing and analytic skills, including identifying interests and effective questioning—materials the NextGen Bar Exam will test.
  • Updated and streamlined coverage of arbitration, in light of recent Supreme Court cases, including New Prime, DirectTV, and Schein v. Archer
  • Updated treatment of mediation confidentiality, ethics, and the enforcement of mediation agreements
  • Updated materials on fraud and other negotiation misconduct
  • Includes recent U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications
  • Cites and references to principal cases used in most leading casebooks
  • Updated examples throughout with reframed questions based on the structure of the NextGen Bar.

Professors and students will benefit from:
  • Practical and broad coverage of the three principal areas of dispute resolution practice
  • Examples that reflect the NextGen Bar’s multilayered testing approach.
  • Up-to-date coverage of recent court developments
  • Entertaining examples designed to make significant concepts engaging and memorable
  • A modular approach that permits a student to engage with the materials in any sequence, and adapt easily to any textbook or casebook 
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Table of Contents
Summary of Contents

Contents
Preface 
Acknowledgments 

Chapter 1 An Introduction to Negotiation 
Chapter 2 Decision Making in Negotiation
Chapter 3 The Law of Negotiation 
Chapter 4 Identifying Interests & Priorities Through Interviewing
Chapter 5 Attorneys, Clients, and Dispute Resolution 
Chapter 6 An Introduction to Mediation 
Chapter 7 Keeping Secrets: Confidentiality in Mediation 
Chapter 8 An Introduction to Arbitration 
Chapter 9 Must This Dispute Go to Arbitration? 
Chapter 10 Federal Preemption and the Law(s) of Arbitration 
Chapter 11 Dispute Resolution Within the Court System 
Appendix 1: The Uniform Mediation Act 
Appendix 2: The Model Standards of Conduct for Mediators 
Appendix 3: The Federal Arbitration Act 

Table of Authorities
Index
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Preface
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About the authors
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.

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.

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
Fifth Edition
Publication date
2025-03-03
Copyright Year
2025
Pages
372
Paperback
9798886142150
Connected eBook with Study Center (Digital Only)
9798892070027
Subject
Dispute Resolution
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