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Author : Donald Wittman
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.:/5 (321 download)
Download or read book Dispute Resolution, Bargaining, and the Selection of Cases for Trial written by Donald Wittman and published by . This book was released on 1988 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen B. Goldberg
Publisher : Aspen Publishing
ISBN 13 : 1543820816
Total Pages : 704 pages
Book Rating : 4.5/5 (438 download)
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishing. This book was released on 2022-10-27 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Author : Carrie J. Menkel-Meadow
Publisher : Aspen Publishing
ISBN 13 : 1543803105
Total Pages : 819 pages
Book Rating : 4.5/5 (438 download)
Download or read book Dispute Resolution written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2018-09-14 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author : Carrie Menkel-Meadow
Publisher : Routledge
ISBN 13 : 1351936077
Total Pages : 437 pages
Book Rating : 4.3/5 (519 download)
Download or read book Foundations of Dispute Resolution written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2017-05-15 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : United States. District Court (California : Northern District)
Publisher :
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.F/5 ( download)
Download or read book Dispute Resolution Procedures in the Northern District of California written by United States. District Court (California : Northern District) and published by . This book was released on 1997 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Erika S. Fine
Publisher : Butterworth-Heinemann
ISBN 13 : 1483161978
Total Pages : 358 pages
Book Rating : 4.4/5 (831 download)
Download or read book ADR and the Courts written by Erika S. Fine and published by Butterworth-Heinemann. This book was released on 2014-05-16 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.
Author : Jay Folberg
Publisher : Aspen Publishing
ISBN 13 : 1543844359
Total Pages : 804 pages
Book Rating : 4.5/5 (438 download)
Download or read book Resolving Disputes written by Jay Folberg and published by Aspen Publishing. This book was released on 2021-09-14 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. 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
Author : Rosen, Velazquez
Publisher : Wolters Kluwer
ISBN 13 : 1543813240
Total Pages : 2320 pages
Book Rating : 4.5/5 (438 download)
Download or read book Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition written by Rosen, Velazquez and published by Wolters Kluwer. This book was released on 2019-06-16 with total page 2320 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782
Author : David A. Anderson
Publisher : JAI Press(NY)
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)
Download or read book Dispute Resolution written by David A. Anderson and published by JAI Press(NY). This book was released on 1996 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an introduction to dispute resolution, examining external effects and the trial/settlement decision, bargaining impediments and settlement behaviour, and issues of international asymmetry in legal bargaining.
Author : Susan M. Leeson
Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.F/5 ( download)
Download or read book Ending it written by Susan M. Leeson and published by . This book was released on 1988 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael L. Moffitt
Publisher : Aspen Publishing
ISBN 13 : 1543816746
Total Pages : 346 pages
Book Rating : 4.5/5 (438 download)
Download or read book Examples & Explanations for Dispute Resolution written by Michael L. Moffitt and published by Aspen Publishing. This book was released on 2022-10-27 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly respected ADR authors Michael Moffitt and Andrea Schneider bring their considerable experience and expertise to the proven-effective Examples & Explanations series pedagogy. Dispute Resolution, Fourth Edition combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. New to the 4th Edition: 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 Includes 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 Professors and students will benefit from: Practical and broad coverage of the three principal areas of dispute resolution practice Up-to-date coverage of recent court developments Entertaining examples designed to make significant concepts engaging and memorable A modular approach that permits the materials to be engaged with in any sequence, and be adapted easily to any textbook or casebook
Author : Leonard L. Riskin
Publisher : West Academic Publishing
ISBN 13 : 9780314253088
Total Pages : 660 pages
Book Rating : 4.2/5 (53 download)
Download or read book Dispute Resolution and Lawyers written by Leonard L. Riskin and published by West Academic Publishing. This book was released on 2006 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Materials cover alternative processes for preventing and resolving disputes. Discusses what is appropriate and the roles of lawyers. Includes chapters on interviewing and counseling, negotiation, mediation, arbitration, mixed processes, and choosing and building a dispute resolution process.
Author : Carrie J Menkel-Meadow
Publisher : Aspen Publishing
ISBN 13 : 1543823203
Total Pages : 624 pages
Book Rating : 4.5/5 (438 download)
Download or read book Negotiation written by Carrie J Menkel-Meadow and published by Aspen Publishing. This book was released on 2020-09-14 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A distinguished team of leaders in the field of dispute resolution offers a thorough treatment of negotiation skills, ethics, and problem-solving techniques. Comprehensive and current, Negotiation: Processes for Problem Solving covers the theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of negotiation practice. Carefully selected cases are supported by key readings, from critical articles and empirical studies to statutes and regulations. Negotiation: Processes for Problem Solving looks at the latest interdisciplinary approaches to negotiation, including new empirical studies examining on-line negotiation, social and cognitive psychology, gender, race, culture and negotiation, and multiple party negotiation. An introduction to facilitated negotiation (mediation and meeting facilitation) is also included. New research is distilled for use by law students and practicing lawyers. New and complex examples from international negotiation problems come from both private and public environments. The book also explores new forms of complex negotiation in international, multi-party and diverse settings and considers negotiators as problem-solving lawyers. The text is perfectly suited to free standing negotiation courses in American and foreign law schools. Problem boxes, set off in the book, make for easy classroom exercises and teaching. New to the Third Edition: Online and other media forms of negotiation New articles from both research and practice books Shorter excerpts for distilled treatment of issues Comprehensive treatment of negotiation preparation, including client interviewing and counseling Analysis of choice of negotiation approaches to match particular contexts Professors and students will benefit from: A thorough treatment of negotiation skills, ethics, and problem-solving techniques Theory and different frameworks for analyzing negotiation contexts Legal and policy analyses relevant to all key areas of negotiation practice Carefully selected cases and problem sets supported by key readings, from critical articles and empirical studies to statutes and regulations Latest interdisciplinary approaches to negotiation Negotiation research distilled for law students and practicing lawyers Deep discussion of negotiators as problem-solving lawyers Complex examples from international negotiation problems in both private and public environments new forms and facilitation of complex negotiation in international, multi-party, and diverse settings
Author : Thomas E. Crowley
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)
Download or read book Settle it Out of Court written by Thomas E. Crowley and published by . This book was released on 1994-05-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, in this smart, witty guide, attorney and conflict resolution expert, Thomas Crowley offers you "battle-tested" strategies and step-by-step guidance on resolving your business and personal disputes fairly, equitably, and without the agonies of a court trial. And most importantly, he explains it in clear, down-to-earth English, not in legalese! Applicable to virtually any type of dispute, including marital, employer/employee, and contract disputes, the techniques Thomas Crowley provides are designed to get both sides to structure their feelings, help them get their facts out straight and state their cases, and enable them to hash out a mutually agreeable settlement in a civilized fashion.
Author : Stephen B. Goldberg
Publisher : Aspen Publishers
ISBN 13 : 9780735564046
Total Pages : 823 pages
Book Rating : 4.5/5 (64 download)
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishers. This book was released on 2007-01-01 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition retains the great features that have always made it a dependable source for students: - provides thorough, systematic coverage, moving from overviews to critical analysis to application to evaluation and practice - includes a wealth of simulations (both classic and new) and questions throughout; simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques - offers strong coverage of mediation, a growing area of ADR study - provides an ADR Research Guide in the Appendix - includes an updated Teacher's Manual with responses to every question posed in the text The Fifth Edition has been thoroughly updated to provide students with all the latest information, including: - a new Chapter 11 on importing and exporting mediation and dispute resolution techniques from/to other countries - important new Supreme Court and federal circuit court cases in arbitration, including the two newest Supreme Court cases in this area: Bazzle v. Green Tree Financial Corp. and Buckeye Check Cashing v. Cardegna - excerpts from and references to recent publications in ADR - new teaching questions to help emphasize important points in the material - new material on pressing issues in mediation, including whether lawyers engage in the unauthorized practice of law when representing clients outside the jurisdiction where they are licensed and whether mediators should be certified
Author : Alan Scott Rau
Publisher :
ISBN 13 :
Total Pages : 1098 pages
Book Rating : 4.F/5 ( download)
Download or read book Processes of Dispute Resolution written by Alan Scott Rau and published by . This book was released on 2002 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides detailed information on processes of dispute resolution. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
Author : Leo Kanowitz
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.:/5 (1 download)
Download or read book Cases and Materials on Alternative Dispute Resolution written by Leo Kanowitz and published by West Academic Publishing. This book was released on 1985 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of Alternative Dispute Resolution.
