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Complex Dispute Resolution Volume 1: Foundations of Dispute Resolution

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Edited by: Carrie Menkel-Meadow

ISBN13: 9780754627968
Published: March 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £240.00



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This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'.

The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.

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Subjects:
Arbitration and Dispute Resolution
Contents:
Introduction
Part I Introduction: History of dispute resolution and process pluralism as a field, Carrie Menkel-Meadow
Part II Foundations of Negotiation Theory and Practice: Toward another view of legal negotiation: the structure of problem solving, Carrie Menkel-Meadow
Chronicling the complexification of negotiation theory and practice, Carrie Menkel-Meadow
Why negotiations fail: an exploration of barriers to negotiation, Robert Mnookin
Shattering negotiation myths: empirical evidence on the effectiveness of negotiation, Andrea Schneider
When not to negotiate: a negotiation imperialist reflects on appropriate limits, Robert Mnookin
Machiavelli and the Bar: ethical limitations on lying in negotiation, James J. White
Negotiating with lawyers, men and things: the contextual approach still matters, Carrie Menkel-Meadow
Let's not make a deal: an empirical study of decision making in unsuccessful settlement negotiations, Randall L. Kiser.
Part III Foundations of Mediation Theory and Practice: Mediation: its form and its functions, Lon Fuller
Post-settlement settlements, Howard Raiffa
The many ways of mediation: the transformation of traditions, ideologies, practices and paradigms, Carrie Menkel-Meadow
Mediation in parallel seminars: lessons from the student takeover of Columbia University's Hamilton Hall, Carol Liebman
Lawyer's representation of clients in mediation: using economics and psychology to structure advocacy in non-adversarial settings, Jean Sternlight
Mediator orientations, strategies and techniques, Leonard Riskin
Family mediation: the development of the regulatory framework in the United Kingdom, Marion Roberts
Nature preserve: the loop of understanding, Gary Friedman and Jack Himmelstein
Lawyer negotiations: theories and realities – what we learn from mediation, Carrie Menkel-Meadow
Environmental mediation and the accountability problem, Lawrence Susskind.
Part IV Foundations and Issues in Arbitration and Hybrid Processes: Is the US out on a limb? Comparing the US approach to mandatory consumer and employment arbitration to that of the rest of the world, Jean Sternlight
Pursuing settlement in an adversary culture: a tale of innovation co-opted or 'the law of the ADR', Carrie Menkel-Meadow
Part V Coda, Carrie Menkel-Meadow
Name index.