Aspen Publishing

Dispute Resolution: Beyond the Adversarial Model, Third Edition

Carrie J. Menkel-Meadow, Lela Porter Love, Andrea Kupfer Schneider, Michael Moffitt


  • ISBN: 9781543830651

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  • Description

    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.

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  • Additional Product Details

    Publication Date: 9/14/2018
    Copyright: 2019
    Pages: 550
    Hardcover: 9781454852025
    Ebook: 9781543803105

    Detailed Table of Contents (PDF Download)
    Preface to the Third Edition (PDF Download)

    Summary of Contents

    Preface to the Third Edition
    Preface to the Second Edition
    Preface to the First Edition

    1. Introducing the Fields of Confl ict and Dispute Resolution
    2. The Lawyer as Problem Solver

    3. Negotiation: Concepts and Models
    4. Negotiation: Skills and Practices
    5. Negotiation: Law and Ethics
    6. Mediation: Concepts and Models
    7. Mediation: Skills and Practices
    8. Mediation: Law, Policy, and Ethics
    9. Arbitration: Concepts and Models
    10. Arbitration: Law and Policy
    11. Arbitration: Practice and Ethics

    12. Private and Public Hybrid Processes
    13. Multiparty Dispute Resolution
    14. Choosing an Appropriate Process: For Your Clients and the
    Future of ADR as Systems of Dispute Resolution

    Table of Online Resources
    Table of Principal Cases
    Collected References

  • Author Information

    Carrie Menkel-Meadow

    Carrie Menkel-Meadow is the Chancellor’s Professor of Law and Political Science at the University of California, Irvine and A.B. Chettle Jr. Professor of Law, Dispute Resolution and Civil Procedure Emerita at Georgetown University Law Center. She is one of the founders of the modern legal dispute resolution field and has been teaching negotiation, mediation and related subjects for over 35 years. She has published over 15 books and 200 articles in the field, including Mediation and Its Applications for Good Decision Making and Dispute Resolution (2016); Dispute Resolution Beyond the Adversary Model (3rd ed. 2018); Negotiation: Processes for Problem Solving (2nd ed. 2014); Mediation: Practice, Policy and Ethics (2nd ed. 2013); What’s Fair: Ethics for Negotiators (2004); and a three volume edited treatise Complex Dispute Resolution: Foundations, Decision Making, Multi-Party Dispute Resolution and International Dispute Resolution (2012). She was the first recipient of the American Bar Association’s Award for Scholarly Excellence in Dispute Resolution (2011), for her work in conceptualizing the role of the lawyer as &"problem-solver” and has won the Center for Public Resources Award for Best Scholarly article on dispute resolution three times (1983, 1991 and 1998). In February 2018 she was awarded the American Bar Foundation’s Award for Outstanding Scholar, representing her decades of research in dispute resolution, legal ethics and the legal profession and legal feminism. She has also won numerous awards for her teaching. Professor Menkel-Meadow has taught law and dispute resolution to diplomats, lawyers, law students, mediators, government officials and ordinary citizens in 26 countries (on seven continents). She is an active mediator and arbitrator, as well as policy and strategic planning facilitator, and has consulted for the World Bank, United Nations, the Federal Judicial Center and federal and state courts, and the International Red Cross on matters of conflict resolution and dispute system design. She has also worked on peace in the Middle East, transnational legal issues in Europe, transitional justice in South America, and new forms of economic cooperation and dispute resolution and legal education in Asia. She has mediated and arbitrated hundreds of disputes in the United States including commercial, class action, employment, health , asbestos, insurance, intellectual property, arts, and education cases, as well as many general civil litigation matters. She has also mediated and arbitrated cases outside of the United States.

    Michael Moffitt

    Professor Moffitt holds the Philip H. Knight Chair in Law at the University of Oregon, where he previously served for six years as the Dean of the University of Oregon School of Law. He is currently the Roger D. Fisher Visiting Professor in Negotiation and Conflict Resolution at Harvard Law School, where he leads the Law School’s flagship Negotiation Workshop. Prior to serving as Dean at Oregon, he was the Associate Dean for Academic Affairs, and served as the Associate Director of Oregon’s nationally-ranked Appropriate Dispute Resolution Center. He taught Negotiation, Dispute Resolution, Arbitration, Advanced Negotiation, the Law of Settlement, Settlement and the Courts, and Civil Procedure. He served as a law clerk to United States District Judge Ann Aldrich. Professor Moffitt served as the first Clinical Supervisor of the Harvard Mediation Program and spent several years as a consultant with Conflict Management Group, designing and delivering mediation services, negotiation coaching, and training workshops in about two dozen countries around the world. His clients have included senior judges, tribal leaders, unionized prison guards, accountants, railroad officials, major law firms, multinational corporations, and diplomatic academy tra

    Lela P. Love

    Lela Porter Love is a professor of law and director of the Kukin Program for Conflict Resolution at Benjamin N. Cardozo School of Law (NYC). Her program has been ranked by U.S. News and World Report among the top ten law school programs in the US in dispute resolution since 2000. She founded (in 1985) Cardozo's Mediation Clinic, which was among the first clinical programs in the world to train law students to serve as mediators. Lela serves as mediator, arbitrator and dispute resolution consultant in community, employment, family, human rights, school-based and commercial cases. An active educator and participant in alternative dispute resolution activities, she regularly conducts domestic and international mediation training programs and courses. She is Past Chair of the American Bar Association Section of Dispute Resolution. In her chair year she initiated the first International Mediation Leadership Summit in the Hague. She has written widely on the topic of dispute resolution, including The Middle Voice: Mediating Conflict Successfully, written with Joseph Stulberg. Her most recent books—Stories Mediators Tell and Stories Mediators Tell—World Edition—are a collection of vivid stories about mediations.

    Andrea K. Schneider

    Andrea Schneider is a Professor of Law at Marquette University Law School where she has taught Dispute Resolution, Negotiation, Ethics, and International Conflict Resolution for over 20 years. She is the Director of Marquette’s nationally-ranked dispute resolution program. She frequently publishes law review articles and book chapters on negotiation, gender, international conflict, and dispute systems design and has co-authored several leading legal textbooks on ADR, Negotiation and Mediation. She is a founding editor of Indisputably, the blog for ADR law faculty and started the Dispute Resolution Works-in-Progress Annual Conference in 2007. She was named 2009 Woman of the Year by the Wisconsin Law Journal and, in 2016, gave her first Tedx talk entitled Women Don’t Negotiate and Other Similar Nonsense. She was named the 2017 recipient of the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work. Her most recent book is Smart & Savvy: Negotiation Strategies in Academia. Andrea regularly gives negotiation trainings for businesses and universities around the world. She received her A.B. cum laude from Princeton University and her J.D. cum laude from Harvard Law School.

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