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Wolters Kluwer Law & Business
Resolving Disputes: Theory Practice and Law, Second Edition / Edition 2

Resolving Disputes: Theory Practice and Law, Second Edition / Edition 2

by Jay Folberg
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Resolving Disputes: Theory, Practice, and Law, Second Edition, prepares the reader to represent clients in all forms of alternative dispute resolution. Drawing on the authors' experience in teaching and practice, vivid examples throughout the text illustrate the role of the attorney and the perspective of the client. Class-tested exercises in each area of dispute resolution develop skills, knowledge, and confidence in ADR processes.

Timely and teachable, Resolving Disputes: Theory, Practice, and Law, Second Edition, features:

  • a logical 4-part organization that focuses on negotiation, mediation, arbitration, and hybrid approaches
  • diverse excerpts from leading authors that eliminates the need for additional or supplemental readings.
  • examples taken from headline cases, literature, and ADR practice
  • a detailed Teacher's Manual with:
    - sample syllabi
    - complete teaching notes
    - stimulating discussion points
    - highly effective exercises and role plays linked to the text
  • integrated coverage of law and ethics
  • a DVD of ADR role playing available at no charge

With additional exercises, practice problems, and discussion questions throughout, the revised and updated Second Edition provides:

  • expanded coverage of negotiation techniques
  • new exercises that illustrate how lawyers can use and shape the mediation process, for example, when selecting mediators and dealing with positional bargainers
  • games and role-play exercises to develop arbitration skills
  • writing and discussion problems that focus on drafting an arbitration agreement, selecting arbitrators, writing an arbitration award, and more

Resolving Disputes: Theory, Practice, and Law, Second Edition, combines cutting-edge scholarship with dynamic teaching materials that will give your students a firm grasp of the theory and practice of dispute resolution. This is the choice that puts it all within their reach.

Product Details

ISBN-13: 2900735589017
Publisher: Wolters Kluwer Law & Business
Publication date: 02/26/2010
Series: Casebook Series
Edition description: NE
Pages: 864
Product dimensions: 7.70(w) x 10.00(h) x 1.70(d)

Table of Contents

Chapter 1. Dispute Resolution – What It's All About

Part I. Negotiation

Chapter 2. Negotiation and Conflict – The Big Picture
Chapter 3. Perception, Fairness, Psychological Traps, and Emotions
Chapter 4. Negotiator Styles
Chapter 5. The Negotiation Dance – Step by Step
Chapter 6. Gender, Culture, and Race
Chapter 7. The Ethical Negotiator
Chapter 8. The Law of Negotiation

Part II. Mediation

Chapter 9. Mediation – The Big Picture
Chapter 10. A Deeper Look Into the Process
Chapter 11. Representing Clients: Preparation
Chapter 12. Representing Clients: During the Process
Chapter 13. Specific Applications
Chapter 14. Court-Connected Mediation and Fairness Concerns
Chapter 15. The Law and Ethics of Mediation

Part III. Arbitration

Chapter 16. Arbitration – The Big Picture
Chapter 17. Arbitration Agreements, Procedures, and Awards
Chapter 18. The Legal Framework Supporting Arbitration
Chapter 19. Fairness in Arbitration: Developments in Employment, Consumer and “Adhesion” Contexts

Part IV. Mixing, Matching, and Moving Forward

Chapter 20. Matching the Process to the Dispute
Chapter 21. Dispute Resolution Design: Stepped Clauses and Conflict Management Systems
Chapter 22. Looking Ahead: Opportunities and Challenges in ADR and Conflict Management

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