Arbitration, Negotiation & Mediation

Problems and Materials on Payment Law, now in its Eighth Edition, features:

The black-letter law of payment systems in clear and straightforward writing;

A logical and adaptable organization that follows the order of UCC Articles 3, 4, 4A, and 8;

A problems-based pedagogy -- a practical and expedient way to teach payment law;

A manageable length, at 416 pages;

Significant Supreme Court cases.

New to the Eighth Edition:

Recent major cases involving check alteration;

Statutory revisions that reflect a new Federal Reserve regulation allowing banks to return telemarketing checks to the depositary bank.

A master at helping students to penetrate the sometimes-opaque language of statutory law, Douglas J. Whaley is the name that you trust to bring you concise, student-friendly, problem-based casebooks.

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.

In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one's own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle--clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

This exceptional, all-original book is the first to fully integrate text and video. It combines sophisticated textual analysis of the mediation process with a six-hour DVD illustrating the stages of the mediation process, the skills of effective mediators and the role of lawyers representing clients in the process. Designed for clinical or simulation courses, The Practice of Mediation: A Video-Integrated Text is sure to become the mediation skills text of choice.

This text is the ultimate integration of theory and practice in that:

• each volume contains unscripted, high quality video depicting nine professional mediators, of different backgrounds and orientations, mediating three different disputes, with very different results
• the DVD extracts are fully integrated with the text, enabling students to “see” what they are studying as they read, and enabling instructors to save precious classroom time by assigning DVD extracts to be viewed and analyzed outside of class
• the mediations depicted on the DVD — a child custody case, a small claims consumer dispute, and a premises liability suit filed by a tenant against his former landlord-are based on real cases, selected for their varied contexts and dispute characteristics
• the DVD illustrates a wide range of mediator and lawyer conduct and includes an extended comparative example of facilitative and evaluative mediation of the same matter

Accessible and conversational in style, the text draws on the most recent research in the field and:

• explores and recognizes all of the major approaches to mediation, helping students, as prospective neutrals and client representatives, analyze how the characteristics of a dispute and the context of the mediation setting might affect what mediation approach(es) will best suit each case
• sets out a model of mediation, from information gathering through persuasion, that can be applied in community and court settings, and in disputes ranging from family and employment to small claims and large commercial matters
• examines in detail all the major ethical and role issues that mediators and lawyers representing clients in mediation encounter

Unique in its approach and designed to maximize the classroom experience, this is an outstanding teaching package. The carefully crafted Teacher's Manual includes:

• sample syllabi and teaching suggestions for how the book can be used in a variety of course configurations
• short classroom exercises, games, role-plays and longer simulations , debriefing notes and references to the leading books and articles in the field
• a website for adopters will facilitate the exchange of teaching idea

This edition retains the great features that have always made it a dependable source for students:

Written by authors of the respected casebook, Resolving Disputes, this next-generation book:

• includes all of the mediation material in Resolving Disputes as well as selected materials from the negotiation and hybrid sections.
• expands some mediation coverage in the casebook, including listening, positional bargaining, and court programs.
• adds mediation coverage not in the casebook, including discussions of the merits of mediation, psychological issues, mediating class actions, and conducting multi-party mediation.
• emphasizes the lawyer's perspective by focusing on professional negotiation as an agent for clients.
• includes examples drawn from headline cases, literature, and lawyers' experiences that will capture student interest.

The authors continue to draw on their extensive experience as ADR teachers, trainers, and practitioners to refresh the Second Edition with:

• New exercises that illustrate how lawyers can use and shape the mediation process, such as when selecting mediators and dealing with positional bargainers.
• New exercises include a cross-cultural business role-playing scenario to give students a sense of the actuality of mediation.
• A new DVD with commercial mediators mediating an international business dispute, which is organized into short chapters that show a particular stage in the process or technique, ranging from a pre-mediation meeting to the use of decision analysis and impasse-breaking techniques.

Mediation: The Roles of Advocate and Neutral, Second Edition, concentrates on the practical, real-world aspects of mediation rather than the theoretical or academic in order to better prepare students for their role as lawyers in the mediation process.

Negotiation: Theory and Strategy, Second Edition, features:

• introductions to theoretical perspectives that provide different avenues for approaching negotiation:
  • economics and game theory
  • cognitive and social psychology
  • legal and business analysis
• excerpts from leading negotiation scholars that reflect a variety of fields, such as law, business, psychology, and economics
• complete teaching materials that will support a two-, three-, or four-unit negotiation course and include:
  • narrative text and excerpted materials
  • questions and problems for in-class discussion
  • negotiation simulation exercises (in the Teacher's Manual*)
• a modular chapter design that adapts to a variety of teaching objectives
• clear and engaging writing
• generous use of hypotheticals and examples

Updated throughout, the Second Edition offers:

• expanded discussion of the role of emotions and aspirations
• additional coverage of multiparty negotiation, gender, trust, and the use of mediation
• additional negotiation simulations to encourage students to practice on core topics

With its flexible organization that is easily adapted to a variety of teaching objectives, Negotiation: Theory and Strategy, Second Edition, promises a stimulating class experience along with generous teaching support.