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Dispute Resolution and Lawyers
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.
The Art of Negotiation
A member of the world renowned Program on Negotiation at Harvard Law School introduces the powerful next-generation approach to negotiation. For many years, two approaches to negotiation have prevailed: the “win-win” method exemplified in Getting to Yes by Roger Fisher, William Ury, and Bruce Patton; and the hard-bargaining style of Herb Cohen’s You Can Negotiate Anything. Now award-winning Harvard Business School professor Michael Wheeler provides a dynamic alternative to one-size-fits-all strategies that don’t match real world realities. The Art of Negotiation shows how master negotiators thrive in the face of chaos and uncertainty. They don’t trap themselves with rigid plans. ...
Dispute Resolution and Lawyers, a Contemporary Approach
This new edition of this popular book includes an entirely revised negotiation chapter to tailor negotiation theory to negotiation practice. Other new material includes the Report from the ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques, the new arbitration cases to date, and the latest thinking on online dispute resolution (ODR) and dispute systems design (DSD). As this popular book is now in the Interactive Casebook Series, the book features a novel visual display and layout that uses text boxes, diagrams, and color/border segregated feature sections for hypotheticals, reference to scholarly debates, useful information for students, and questions to provoke thought. Furthermore, the book now includes a number of multiple-choice questions for both formative and summative assessment to confirm both transference and retention of material.
Managing Conflict Mindfully
All of us--including leaders and so-called experts in conflict management and in virtually every other field--sometimes make (retrospectively) unwise decisions related to conflict with others. These decisions can produce undesirable outcomes--from missed opportunities, suboptimal agreements, and damaged relationships, to interpersonal violence, terrorism, state-sponsored war, and the accompanying suffering. In Managing Conflict Mindfully: Don't Believe Everything You Think, law professor Leonard Riskin--who has pioneered the introduction of both alternative dispute resolution and mindfulness into legal education and law practice--explains how and why this happens and introduces Mindful Conflict Management, a new framework for understanding and dealing with conflict and other problematic situations by integrating negotiation, mindfulness, and internal family systems. Drawing on decades of practice, research, and teaching, this book extends Riskin's influential (and sometimes humorous) writings and sheds new light on accepted ideas about negotiation.
Dispute Resolution and Lawyers
This abridged, softbound version of the main casebook contains the latest in scholarly, practitioner, and judicial thinking in all major areas of ADR. It has the same organization and breadth of coverage as the unabridged casebook, but 2/3 the length.
The Mindful Law Student
The Mindful Law Student is an innovative guide to learning about mindfulness and integrating mindfulness practices into the law school experience. Through the use of metaphor, insight, mindfulness practices, and relaxation and self-care exercises, students are reminded of the tools they have long carried with them to navigate the exciting and challenging environment of law school and the practice of law. Scott Rogers brings readers on a journey through the law school experience with seven hypothetical students who experience situations not unlike their own that make tangible the challenges, benefits, and promise of mindfulness. He provides real-world examples of applying mindfulness in law school using language of the law to impart mindfulness insights and practices. This novel guide is an approachable and valuable resource for any law student.
Towards a Four-Tiered Model of Mediation
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynam...
