Dispute Resolution: Beyond the Adversary Model

This comprehensive, sophisticated examination of the current state of ADR incorporates four key aspects for each of the Negotiation, Mediation, Arbitration, and Hybrid dispute resolution processes: the theoretical framework defining the process, the skills needed to practice it, the ethical issues implicated in its use, and the legal and policy analyses relevant to the process. This thorough and rigorous approach results in a casebook that is both up-to-date and provocative. The book immerses students in the dispute resolution experience: comprehensive, current coverage of all key areas of ADR, with a rich range of timely cases and readings a distinguished, author team, each member a leader in dispute resolution practice and scholarship, making full use of each member's experience and accomplishments in teaching, field work, policy making, and standards drafting a practical approach to problem solving that engages students as active participants in resolving human and legal problems and uses individual or combined resolution processes in varying gender, race, and cultural contexts separate chapters addressing international and multi-party dispute resolution, providing thorough, comprehensive treatment of these important, high-interest contexts and applications Instructors will appreciate these valuable teaching devices: readings balance theory and theory-in-use through cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory materials that illuminate the difficulty of balancing rules and laws with the economic and emotional constraints inherent in disputes challenging readings representing a wide range of perspectives, among them, Gilligan's feminist In Another Voice; Fisher, Ury, and Patton's Getting to Yes; Raiffa's Art and Science of Negotiation; and Machiavelli's The Prince key cases, including Gilmer v. Interstate/Johnson Lane Corp. and Folb v. Motion Picture Industry Pension & Health Plans an exceptionally useful Teacher's Manual, containing information on ADR careers and training; teaching notes; sample role-plays, simulations, and other exercises; recommendations for supplemental materials (such as videos and transcripts); and examination and paper suggestions for each chapter An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/menkel-meadow