Foundations of Dispute Resolution

Contents: Introduction; Part I Foundations of Negotiation Theory and Practice: Toward another view of legal negotiation: the structure of problem solving, Carrie Menkel-Meadow; Chronicling the complexification of negotiation theory and practice, Carrie Menkel-Meadow; Why negotiations fail: an exploration of barriers to the resolution of conflict, Robert H. Mnookin; Shattering negotiation myths: empirical evidence on the effectiveness of negotiation style, Andrea Kupfer Schneider; When not to negotiate: a negotiation imperialist reflects on appropriate limits, Robert H. Mnookin; Machiavelli and the Bar: ethical limitations on lying in negotiation, James J. White; Negotiating with lawyers, men and things: the contextual approach still matters, Carrie Menkel-Meadow; Let's not make a deal: an empirical study of decision making in unsuccessful settlement negotiations, Randall L. Kiser, Martin A. Asher and Blakeley B. McShane. Part II Foundations of Mediation Theory and Practice: Mediation - its form and functions, Lon L. Fuller; Post-settlement settlements, Howard Raiffa; The many ways of mediation: the transformation of traditions, ideologies, paradigms, and practices, Carrie Menkel-Meadow; Mediation as parallel seminars: lessons from the student takeover of Columbia University's Hamilton Hall, Carol B. Liebman; Lawyers' representation of clients in mediation: using economics and psychology to structure advocacy in nonadversarial settings, Jean R. Sternlight; Mediator orientations, strategies and techniques, Leonard L. Riskin; Family mediation: the development of the regulatory framework in the United Kingdom, Marian Roberts; Nature preserve: the loop of understanding, Gary Friedman and Jack Himmelstein; Lawyer negotiations: theories and realities - what we learn from mediation, Carrie Menkel-Meadow; Environmental mediation and the accountability problem, Lawrence Susskind. Part III Foundations and Issues in Arbitration and Hybrid Processes: Is the US out on a limb? Comparing the US approach to mandatory consumer and employment arbitration to that of the rest of the world, Jean R. Sternlight; Pursuing settlement in an adversary culture: a tale of innovation co-opted or 'the law of ADR', Carrie Menkel-Meadow; Part IV Coda: Coda; Name index.