Alternative Dispute Resolution

Since it was first published in 1986, The Mediation Process has become a landmark resource for mediation practitioners, trainers, students, and professionals in corporate, legal, health care, education, and governmental arenas. This thoroughly revised and expanded third edition has been updated to include coverage of the most contemporary issues in mediation practice and to provide updated bibliographical resources.

Written by a distinguished and experienced author team, Dispute Resolution remains a direct and accessible source for your classroom. Now in its Fifth Edition, it continues to provide students with the essentials and more, including 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 more important hybrid approaches.

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

provides thorough, systematic coverage, moving from overviews to critical analysis to application to evaluation and practice

includes a wealth of simulations (both classic and new) and questions throughout. Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques

offers strong coverage of mediation, a growing area of ADR study

provides an ADR Research Guide in the Appendix

The Fifth Edition has been thoroughly updated to provide students with all the latest information, including:

a new Chapter 11 on importing and exporting mediation and dispute resolution from other countries

important new Supreme Court and federal circuit court cases in arbitration, including the two newest Supreme Court cases in this area: Bazzle v. Green Tree Financial Corp. and Buckeye Check Cashing v. Cardegna

excerpts from and references to recent books and articles

new material on pressing issues in mediation, including whether lawyers engage in the unauthorized practice of law when representing clients outside the jurisdiction where they are licensed and whether mediators should be certified

Peacemaking Circles are used in neighborhoods to provide support for those harmed by crime and to decide sentences for those who commit crime, in schools to create positive classroom climates and resolve behavior problems, in the workplace to deal with conflict, and in social services to develop more organic support systems for people struggling to get their lives together. The Circle process hinges on storytelling. It is hard work, but it is an effort bringing astonishing results around the country.

For over twenty-five years, Author Mary Greenwood has been resolving disputes in her professional career as an Attorney, Mediator, Human Resources Director, Union Negotiator, and Labor Arbitrator. Her book How to Negotiate Like a Pro, Which has won six book awards, was based on her experience as a Union Negotiator. The sequel How to Mediate Like a Pro is based on her experience as a Mediator in over 7000 cases.

Greenwood noticed that there were certain Rules or characteristics of The cases that settled that were not present in the cases that did not settle. Among those Rules you will find the following:

• Be A Devil’s Advocate
• You Can Mediate With A Lunatic
• Everyone Makes Mistakes
• Let The Parties Tell Their Story
• Know When To Fold

Greenwood lists each Rule and Script and offers a concise explanation on how and when to use it in Mediation.

How to Mediate Like a Pro presents strategies and practical tips for the Mediation process. It will give you insight on how to deal with difficult parties, how to break an impasse and how to close the deal. After you read this book, you will be able to Mediate Like A Pro.

BASIC SKILLS FOR THE NEW MEDIATOR provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. BASIC SKILLS FOR THE NEW MEDIATOR has been used successfully for self instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix "Everything You Never Wanted to Know About the Rules of Evidence" is especially valuable for the non-attorney mediator, who must often deal with the evidentiary vocabulary of the legal profession. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritize issues, preside during joint sessions, conduct private caucuses, overcome impasses, identify "hidden agenda" and "throwaway" items, deal with parties who lack settlement authority and aid parties to achieve a viable settlement.

Long-awaited second edition of this classic negotiation text, for the first time including an extensive Teacher's Manual packed with simulation problems and other classroom exercises. Specifically designed to teach students how to negotiate in the actual practice of law, but derived from the ongoing research of social science, law, and business school scholars. Sample dialogue illustrates specific negotiation tactics. Includes discussion of both the influence of race, gender, and nationality on the bargaining process and alternative dispute resolution processes.

The classic advocacy guide for trial lawyers, Common Sense Rules of Advocacy for Lawyers has been hailed by attorneys, mediators and professors nationwide. It's the practical advocacy guide designed for anyone who must persuade others, including attorneys, lobbyists, negotiators, account executives, law students, sales professionals, and parents.

"Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."
-- George R. (Bob) Dekle, Legal Skills Professor, University of Florida, Retired Assistant State Attorney, Third Judicial Circuit of Florida (successfully prosecuted Ted Bundy)

"Keith Evans, the author of Common Sense Rules of Advocacy for Lawyers, is an experienced trial lawyer. He has studied the game from the inside and he has seen things others have missed. He has distilled his experience and offers it up in the brisk aphoristic style that brought him his success in the courtroom. The book is a valuable review for the old timers and an excellent primer for those who are starting the climb."
-- Jacob A. Stein, Stein, Mitchell & Mezines, Washington, DC

"This is a terrific guidebook that should be followed by all young trial lawyers. While it is true that these rules are based upon common sense and that most seasoned trial lawyers will figure them out over time, this book will allow young advocates to benefit from all the painful lessons learned by inexperienced lawyers before them."
-- Philip H. Corboy, Corboy & Demetrio, Chicago, IL

"Down to earth advice for the advocate. Keith Evans' book provides important, down-to-earth advice and guidance for both the novice and experienced advocate. Having adjudicated many, many cases, I wish every advocate would review these practical rules for effective advocacy. All advocates will benefit from this helpful book."
-- Jay Grenig, Arbitrator

"Common Sense Rules of Advocacy for Lawyers is a superb how-to book for the trial lawyer. The author, Keith Evans, walks the reader through the essentials of effective trial advocacy, teaching every step of the way while at the same time never sounding the slightest bit like a lecturer. The scope of the book -- everything from what to wear in the courtroom to writing a trial brief -- is truly impressive, yet the author maintains a tone that is refreshingly readable. The author never loses sight of the underlying rules of evidence, procedure, and ethics, but his real genius is translating those rules into -- as the title says -- common sense rules of advocacy. I wish I had had this book when I was a young lawyer. I highly recommend it."
-- Karl Tegland, author, "Courtroom Handbook on Washington Evidence"

"Advocacy is an art as well as a skill, and Keith Evans presents the rules of mastering that art in a very down to earth manner. Filled with humor and eminently readable, his book is a great introduction for the new lawyer and a wonderful learning tool for the advocate with experience."
-- Sherman L. Cohn, Professor, Georgetown University Law Center (first national President of American Inns of Court)

"Even the most experienced trial lawyer can pick up some new techniques here. I will heartily recommend it to my Trial Advocacy students."
-- Frederick C. Moss, Professor, Dedman School of Law, Southern Methodist University

Complete Table of Contents available online at www.RulesOfAdvocacy.com

Conflict Coaching: Conflict Management Strategies and Skills for the Individual defines this growing area of conflict resolution and distinguishes conflict coaching as a stand-alone resolution technique. In a service society where human relationships are central to our professional as well as personal lives, individuals value one-on-one attention to obtain custom solutions for handling important interpersonal communication. The CD-ROM accompanying the book provides numerous resources for instructors, coaches, and other interested readers.

 

This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.