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This comprehensive casebook 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 – as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today.
The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises.
Features:
The revised Sixth Edition includes:
- Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice.
- Distinguished, experienced author team.
- Direct, accessible writing.
- Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques.
- More practice-related issues.
- The role and applications of modern technology in ADR.
- International applications of ADR processes.
- Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful.
- Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process.
- Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes.
- Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality.
- New questions and exercises, including exercises in mediation-arbitration and online dispute resolution.