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• Title:Dispute resolution and lawyers / by Leonard L. Riskin, Chesterfield Smith Professor of Law, University of Florida Levin College of Law; James E. Westbrook, Earl F. Nelson and James S. Rollins Professor of Law, Emeritus, University of Missouri School of Law; Chris Guthrie, Dean & John Wade-Kent Syverud Professor of Law, Vanderbilt University Law School; Richard C. Reuben, James Lewis Parks Professor of Law, University of Missouri School of Law; Jennifer K. Robbennolt, Professor of Law and Psychology, University of Illinois College of Law; Nancy A. Welsh, William Trickett Faculty Scholar and Professor of Law, Penn State University, Dickinson School of Law.
  
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• Author/Creator:Riskin, Leonard L., 1942- author.
  
• Other Contributors/Collections:Westbrook, James E., 1934- author.
  Guthrie, Chris, 1967- author.
  Reuben, Richard C., author.
  Robbennolt, Jennifer K., author.
  Welsh, Nancy A., author.
  
• Published/Created:St. Paul, MN : West Academic Publishing, [2014]
  

• Holdings

  Holdings Record Display

  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KF9084 .R57 2014
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Dispute resolution (Law)--United States.
  
• Edition:Fifth edition.
  
• Description:xlv, 1,115 pages ; 26 cm
  
• Series:American casebook series.
  
• Notes:Includes bibliographical references (pages xi-xxi) and index.
  
• ISBN:9780314285904
  0314285903
  
• Contents:Machine generated contents note: A. Nature of Conflict and Disputes
  1. Sources of Conflict
  a. Theoretical Underpinnings
  Notes and Questions
  b. Analytical Approach
  Bernard Mayer, The Dynamics of Conflict Resolution: A Practitioner's Guide
  Notes and Questions
  2. Life Cycle of a Dispute
  B. Introduction to Processes for Resolving Disputes
  1. Adjudicative Processes
  2. Consensual Processes
  3. Mixed Processes
  C. What Process is Appropriate? The Great Debate over Settlement and ADR
  1. Strong View
  Owen M. Fiss, Against Settlement
  2. Responses
  Carrie Menkel-Meadow, Whose Dispute Is It Anyway?: A Philosophical and Democratic Defense of Settlement (in Some Cases)
  Notes and Questions
  D. Institutionalization of ADR
  1. Institutionalization in the Courts
  Frank E.A. Sander, Varieties of Dispute Processing
  Notes and Questions
  2. Institutionalization in Government Agencies
  3. Institutionalization in the Private Sphere
  E. Dispute Resolution and Lawyers
  1. Headwinds and Tailwinds: The Involvement of Lawyers in Alternatives to Litigation
  Leonard L. Riskin, Mediation and Lawyers
  Notes and Questions
  2. Roles and Skills of the Lawyer
  Notes and Questions
  A. Preliminary Considerations
  1. Basic Models
  Robert D. Dinerstein, Client-Centered Counseling: Reappraisal and Refinement
  Robert F. Cochran, Jr., John M. A. Dipippa & Martha M. Peters, The Counselor-at-Law: A Collaborative Approach to Client Interviewing and Counseling
  Notes and Questions
  2. Ethics Issues
  3. Allocation of Authority
  Herbert M. Kritzer, The Justice Broker: Lawyers and Ordinary Litigation
  Notes
  4. Incentives in the Attorney-Client Relationship
  Robert H. Mnookin, Scott R. Peppet & Andrew S. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes
  Notes and Questions
  B. Interviewing
  1. Overview of the Process
  a. Introduction
  Janice Nadler, Rapport in Negotiation and Conflict Resolution
  Notes and Questions
  b. Preliminary Problem Identification
  c. Detailed Problem Identification
  d. Exploration of Positions and Interests
  e. Development of Legal Theory
  f. Next Steps
  Notes and Questions
  2. Questioning and Listening
  a. Questioning
  Sana Loue, A Guide to Better Client Interviews
  Notes and Questions
  b. Listening
  1. Basic Skill
  David Maister, Charles Green & Robert Galford, The Trusted Advisor
  Note and Questions
  2. Active Listening
  Robert Dinerstein, Stephen Ellman, Isabelle Gunning & Ann Shalleck, Connection, Capacity and Morality in Lawyer-Client Relationships
  Notes and Questions
  3. Other Listening Skills
  a. Loop of Understanding
  Note
  b. Mindful Awareness
  Leonard L. Riskin, The Contemplative Lawyer: On the Potential Contributions of Mindfulness Meditation to Law Students, Lawyers, and Their Clients
  Notes and Questions
  3. Evaluating Your Interviewing Techniques
  Roy M. Sobelson, Interviewing Clients Ethically
  Notes
  C. Counseling
  1. Clarifying Issues and Interests
  2. Considering the Relevant Law
  3. Identifying Options
  Alex F. Osborn, Applied Imagination: Principles and Procedures of Creative Problem-Solving
  Jennifer Gerarda Brown, Creativity and Problem-Solving
  Robert Pirsig, Zen and the Art of Motorcycle Maintenance
  Notes and Questions
  4. Exploring Consequences
  5. Facilitating Decision Making
  a. Deciding How to Decide
  Atul Gawande, Complications: A Surgeon's Notes on an Imperfect Science
  Notes and Questions
  b. Giving Bad News
  Linda F. Smith, Medical Paradigms for Counseling: Giving Clients Bad News
  c. Place of Values and Morals
  David A. Binder, Paul Bergman & Susan C. Price, Lawyers as Counselors: A Client Centered Approach
  Robert F. Cochran, Jr., Introduction: Three Approaches to Morals Issues in Law Office Counseling
  Notes and Questions
  d. Formal Decision Analysis
  Jeffrey M. Senger, Decision Analysis in Negotiation
  Notes and Questions
  D. Law of the Lawyer-Client Relationship
  1. Lawyer's Authority to Bind the Client to an Agreement
  Gatto v. Verizon Pennsylvania, Inc
  Fennell v. TLB Kent Company
  Notes and Questions
  2. Settlement and Legal Malpractice
  Guido v. Duane Morris LLP
  Notes and Questions
  E. Lawyer's Duty to Advise Clients about Dispute Resolution Options
  Nancy A. Welsh, Integrating "Alternative" Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?
  Notes and Questions
  F. Interviewing and Counseling Exercise
  A. Negotiator Style
  1. Your Initial Approach
  G. Richard Shell, Bargaining for Advantage: Negotiation Strategies for Reasonable People
  Notes and Questions
  2. Impact of Style
  Nancy A. Welsh, The Reputational Advantages of Demonstrating Trustworthiness: Using the Reputation Index with Law Students
  Notes and Questions
  B. Negotiation Process
  G. Richard Shell, Bargaining for Advantage: Negotiation Strategies for Reasonable People
  Notes and Questions
  C. Approaches to Negotiation
  1. Adversarial Negotiation
  Russell Korobkin, A Positive Theory of Legal Negotiation
  Notes and Questions
  2. Problem-Solving Negotiation
  Carrie J. Menkel-Meadow, Toward Another View of Legal Negotiation: The Structure of Problem Solving
  Notes and Questions
  D. Negotiation Strategies and Tactics
  1. Adversarial Strategy and Tactics
  Gary Goodpaster, A Primer on Competitive Bargaining
  Notes
  a. Extreme Opening Offers
  Dan Orr & Chris Guthrie, Anchoring, Information, Expertise, and Negotiation: New Insights From Meta-Analysis
  Notes and Questions
  b. Making Few and Small Concessions
  Robert B. Cialdini, Influence: Science and Practice
  Notes and Questions
  c. Limited Disclosure of Information
  Ian Ayres & Jennifer Gerarda Brown, Economic Rationales for Mediation
  Notes and Questions
  Carrie Menkel-Meadow, Know When to Show Your Hand
  d. Commitments
  Thomas C. Schelling, The Strategy of Conflict
  Notes
  2. Problem-Solving Strategy and Tactics
  Roger Fisher, William Ury & Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In
  Notes
  a. "Separating the People From the Problem" (Listening)
  Douglas Stone, Bruce Patton & Sheila Heen, Difficult Conversations: How to Discuss What Matters Most
  Notes and Questions
  Daniel L. Shapiro, Teaching Students How to Use Emotions as They Negotiate
  Notes and Questions
  b. "Focus on Interests" (Asking)
  1. Open and Closed Questions
  Roger Fisher, William Ury & Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In
  Notes
  Deepak Malhotra & Max H. Bazerman, Investigative Negotiation
  2. Knowing What We Want
  Notes and Questions
  3. Creating Value Through Differences
  Robert H. Mnookin, Scott R. Peppet & Andrew S. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes
  Notes
  c. "Consider a Variety of Options" (Inventing)
  Carrie Menkel-Meadow, Aha? Is Creativity Possible in Legal Problem Solving and Teaching in Legal Education?
  Note and Questions
  d. "Insist on Outcomes Tied to Objective Criteria" (Referencing)
  G. Richard Shell, Bargaining for Advantage: Negotiation Strategies for Reasonable People
  Question
  e. BATNA and Power in Negotiation
  Note
  f. Critiques of the Problem-Solving Approach
  James J. White, The Pros and Cons of "Getting to Yes"
  Roger Fisher, Comment
  Notes and Questions
  James E. Westbrook, How to Negotiate with a Jerk without Being One
  Note
  Nancy A. Welsh, The Reputational Advantages of Demonstrating Trustworthiness: Using the Reputation Index with Law Students
  E. Law, Lawyers, and Clients in Negotiation
  1. Settlement
  a. In General
  Marc Galanter & Mia Cahill, "Most Cases Settle": Judicial Promotion and Regulation of Settlements
  Notes and Questions
  b. Approaches to Settlement
  1. Expected Value
  Notes and Questions
  2. Value Creation
  Robert H. Mnookin, Scott R. Peppet & Andrew S. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes
  Notes and Questions
  C. Apology and Settlement
  Jennifer K. Robbennolt, Apology-Help or Hindrance? An Empirical Analysis of Apologies' Influence on Settlement Decision Making
  Notes and Questions
  2. Legal and Ethical Obligations
  a. In General
  Russell Korobkin, Michael Moffitt & Nancy Welsh, The Law of Bargaining
  Notes and Questions
  b. Ethical Obligations
  Notes and Questions
  c. Misrepresentation and Omission
  James J. White, Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation
  Notes and Questions
  Hoyt Properties, Inc. v. Production Resource Group, L.L.C.
  Notes and Questions
  d. Confidentiality of Settlement Negotiations
  Notes and Questions
  e. Place of Values and Morals
  Jonathan R. Cohen, When People Are the Means: Negotiating With Respect
  Notes and Questions
  F. Dealing with Difference in Negotiation
  1. Culture
  a. General Approach to Culture
  Jayne Seminare Docherty, Culture and Negotiation: Symmetrical Anthropology for Negotiators
  Notes and Questions
  b. Subcultures
  Leonard L. Riskin, Obey the Rule: Just Say "No, No, No"
  Notes and Questions
  2. Gender
  Carrie Menkel-Meadow, What Difference Does "Gender Difference" Make?
  Notes and Questions
  Contents note continued: Andrea Schneider, Effective Responses to Offensive Comments
  3. Race 292 Ian Ayres, Fair Driving: Gender and Race Discrimination in Retail Car Negotiations
  Notes and Questions
  G. Negotiation Exercises
  1. Transaction Negotiation: The Carton Contract
  2. Dispute Negotiation: The Thompson v. Decker Medical Malpractice Claim
  A. Approaches to Mediation
  1. Mapping Mediation Orientations
  Leonard L. Riskin, Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed
  Notes and Questions
  Leonard L. Riskin, Replacing the Mediator Orientation Grids, Again: The New New Grid System
  Notes and Questions
  2. Few Particular Approaches
  a. Classic Mediation
  Leonard L. Riskin, Mediation Training Guide
  Notes and Questions
  b. Transformative Mediation
  Robert A. Baruch Bush & Joseph Folger, The Promise of Mediation: The Transformative Approach to Conflict
  Notes and Questions
  c. Understanding-Based Mediation
  Gary Friedman & Jack Himmelstein, Challenging Conflict: Mediation Through Understanding
  Notes and Questions
  B. Brief Takes on Real Mediations
  1. Professional Malpractice
  Hank De Zutter, Proponents Say ADR Spells Relief
  2. Personal Injury
  Anderson J. Little, Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes (2007)
  Notes and Questions
  3. Shareholder-Management Dispute
  Frank J. Scardilli, Sisters of the Precious Blood v. Bristol-Myers Co
  Notes and Questions
  4. Regulatory Negotiation
  Alana S. Knaster & Philip J. Harter, The Clean Fuels Regulatory Negotiation
  Notes and Questions
  5. Victim Offender Mediation
  Texas Case Study One: Murder-Victim and Offender Perspectives, in Mark S. Umbreit, et al., Facing Violence: The Path of Restorative Justice and Dialogue
  Notes and Questions
  Note: Mediation in Other Contexts and by Other Names
  C. Participants and Processes
  1. Mediator
  a. Sources and Backgrounds
  b. Training of Mediators
  c. Regulation of Mediator Performance
  1. Credentials
  Society of Professionals in Dispute Resolution, Report of the SPIDR Commission on Qualifications (1989)
  Notes
  Alternative Dispute Resolution Section of the American Bar Association Task Force on Mediator Credentialing (2012)
  Notes and Questions
  2. Ethics
  a. Ethics Standards
  Model Standards of Conduct for Mediators (2005)
  Notes and Questions
  b. Mediator Impartiality and Conflicts of Interest
  McKenzie Construction v. St. Croix Storage
  Notes and Questions
  c. Limitations on What Mediators May Say About the Law
  3. Facilitative-Evaluative Debate
  4. Is Mediation the Practice of Law?
  Notes and Questions
  5. Malpractice Liability
  Wagshal v. Foster
  Notes and Questions
  Tapoohi v. Lewenberg
  Notes and Questions
  2. Parties, Lawyers, and Mediation Advocacy
  a. Getting into Mediation
  J. Michael Keating, Jr., Getting Reluctant Parties to Mediate: A Guide for Advocates
  Notes and Questions
  b. Selecting a Mediator
  1. Mediator Background and Approach
  Leonard L. Riskin, Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed
  Notes and Questions
  ABA Section of Dispute Resolution Task Force on Improving Mediation Quality (2008)
  Notes and Questions
  2. Mediator "Presence"
  Daniel Bowling and David A. Hoffman, Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution
  Notes and Questions
  c. Working With the Mediator and the Other Participants: Advocacy and Problem-Solving
  Tom Arnold, 20 Common Errors in Mediation Advocacy
  Note
  Leonard L. Riskin, The Represented Client in a Settlement Conference: The Lessons of G. Heilemann Brewing Co. v. Joseph Oat Corp
  Notes and Questions
  Jeff Kichaven, Avoidable Sins: When a Mediator Steps Beyond the Boundaries
  d. Good Faith Participation
  e. Consulting Lawyer
  Gary Friedman & Jack Himmelstein, Deal Killer or Deal Saver: The Consulting Lawyer's Dilemma
  Notes and Questions
  3. Mediation Litigation
  James R. Coben and Peter N. Thompson, Mediation Litigation Trends: 1999-2007
  Notes and Questions
  4. Confidentiality
  a. Cornerstone, and a Challenge
  Olam v. Congress Mortgage Co
  Notes and Questions
  b. Purpose, Meaning, and Structure of Confidentiality
  1. Purpose
  2. Meaning
  3. Structure
  a. Privilege
  b. Settlement Discussion Model
  c. Mediator Incompetence
  d. Categorical Exclusion
  Notes and Questions
  c. Closer Look at Privilege: The UMA
  Uniform Mediation Act
  Notes and Questions
  d. Categorical Rule: An Alternative to Privilege
  Cassel v. Superior Court of Los Angeles County
  Notes and Questions
  D. Fairness, Formality, and Self-Determination in Mediation
  1. General Considerations
  Nancy A. Welsh, The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization?
  Notes and Questions
  Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee & David Hubbert, Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution
  Michele Hermann et al., Metrocourt Project Final Report: A Study of the Effects of Ethnicity and Gender in Mediated and Adjudicated Cases At, the Metropolitan Court Mediation Center
  Notes and Questions
  Leonard L. Riskin & Nancy A. Welsh, What's It All About?: Finding the Appropriate Problem Definition in Mediation
  Notes and Questions
  2. Problem with Fairness in Family Law
  Trina Grillo, The Mediation Alternative: Process Dangers for Women
  Note
  Joshua D. Rosenberg, In Defense of Mediation
  Notes and Questions
  E. Mediation Exercises
  1. Red Devil Dog Mediation Role Play
  2. Prosando v. High-Tech: General Information
  3. Dance Innovation
  A. Practice and Procedures of Private Arbitration
  1. Uses and Growth of Arbitration
  2. Arbitrator
  3. Arbitration Institutions
  4. Arbitration Process
  Stephen Hayford and Ralph Peeples, Commercial Arbitration: An Assessment and Call for Dialogue
  Note
  Yves Dezalay and Bryant Garth, Merchants of Law as Moral Entrepreneurs: Constructing International Justice from Competition for Transnational Business Disputes
  Questions
  B. Legal Framework for Arbitration under the FAA
  1. Preliminary Considerations
  a. Brief Summary of the FAA
  b. Arbitrability
  1. Who Decides Questions of Arbitrability?
  First Options of Chicago, Inc. v. Kaplan
  Notes and Questions
  2. What Issues Are Subject to Arbitration?
  Howsam v. Dean Witter Reynolds, Inc
  Notes and Questions
  3. Who Decides the Validity of Contracts with Arbitration Provisions? The Separability Doctrine
  Prima Paint Corp. v. Flood & Conklin Mfg. Co
  Notes and Questions
  c. Which Law Applies? FAA Preemption
  1. Rationale for Preemption
  Southland Corp. v. Keating
  Notes and Questions
  Doctor's Associates, Inc. v. Casarotto
  Notes and Questions
  2. Scope of Preemption
  AT&T Mobility LLC v. Concepcion
  Notes and Questions
  3. Party Choice of the FAA or State Law
  Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University
  Notes and Questions
  2. Section 2: The Heart of the FAA
  a. Arbitration Agreements 'Shall Be Valid, Irrevocable, and Enforceable...'
  1. Shift in Judicial Attitudes
  Wilko v. Swan
  Note
  Gilmer v. Interstate/Johnson Lane Corp
  Notes and Questions
  2. Role of the Courts
  Rent-A-Center West, Inc. v. Jackson
  3. Costs of Arbitration
  Cole v. Burns International Security Services
  Notes
  Green Tree Financial Corp. v. Randolph
  Notes and Questions
  b. '...Save Upon Such Grounds as Exist in Law and Equity for the Revocation of Any Other Contract'
  1. Fraud
  2. Unconscionability
  a. In General
  Chavarria v. Ralph's Grocery Co
  b. Consumer Goods and Services
  Hill v. Gateway 2000, Inc
  Notes and Questions 1
  3. General Duty of Good Faith and Fair Dealing
  Hooters of America, Inc. v. Phillips
  Note and Questions
  3. Section 10: Judicial Review of Arbitration Awards
  a. In General
  Sobel v. Hertz, Warner & Co
  Notes and Questions
  b. Contracted Judicial Review
  Hall Street Associates, L.L.C. v. Mattel, Inc
  Notes and Questions
  c. Manifest Disregard of the Law
  Notes and Questions
  C. Special Topics
  1. Class Actions
  Stolt Neilsen SA v. Animalfeeds Int'l. Corp
  Notes and Questions
  2. Confidentiality
  United States v. Panhandle Eastern Corp
  Notes and Questions
  3. Ethics
  Kristen Blankley, Taming the Wild West of Arbitration Ethics
  Notes and Questions
  4. International Commercial Arbitration
  a. Overview'and Comparison With Domestic Arbitration
  W. Laurence Craig, Some Trends and Developments in the Laws and Practice of International Commercial Arbitration
  Charles N. Brower, The Global Court: The Internationalization of Commercial Adjudication and Arbitration
  Notes and Questions
  Yves Dezalay & Bryant Garth, Fussing About the Forum: Categories and Definitions as Stakes in a Professional Competition
  Notes and Questions
  b. Legal Framework
  1. Arbitrability, Forum Selection, Choice of Law
  Roby v. Corporation of Lloyd's
  Notes and Questions
  c. Enforcement and Review of Awards
  Yusuf Ahmed Alghanim & Sons v. Toys "R" Us, Inc
  Contents note continued: Notes and Questions
  A. Public Sphere
  1. Courts
  a. Big Picture
  Donna Stienstra, ADR in the Federal District Courts: An Initial Report (2011)
  Notes and Questions
  2. Court-Annexed Mediation
  a. Overview
  Bobbi McAdoo, Nancy A. Welsh & Roselle L. Wissler, Institutionalization: What Do Empirical Studies Tell Us About Court Mediation?
  Notes and Questions
  b. Mandatory Mediation
  Dorcas Quek, Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program
  Note and Questions
  1. Exceptions to Mandatory Mediation
  Laurel Wheeler, Comment, Mandatory Family Mediation and Domestic Violence
  Notes and Questions
  2. Problem of Good Faith Participation in Mediation
  John Lande, Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs
  Notes and Questions
  3. Court-Annexed "Mixed Processes"
  a. Court Annexed Arbitration
  Notes
  b. Summary Jury Trial
  Thomas Lambros, The Summary Jury Trial and Other Alternative Methods of Dispute Resolution
  Notes and Questions
  c. Early Neutral Evaluation
  Joshua D. Rosenberg & H. Jay Folberg, Alternative Dispute Resolution: An Empirical Analysis
  Notes and Questions
  d. Innovative Processes for Mass Personal Injury Litigation
  George W. Conk, Diving into the Wreck: BP, and Kenneth Feinberg's Gulf Coast Gambit
  Notes and Questions
  4. Administrative Agencies
  a. Overview
  Report for the President on the Use and Results of Alternative Dispute Resolution in the Executive Branch of the Federal Government
  Notes and Questions
  b. Setting Agency Policy: "Reg Negs"
  Philip J. Harter, Negotiating Regulations: A Cure for the Malaise
  Notes and Questions
  c. ADR in the Federal Workplace
  Lisa Bingham, Mediation at Work: Transforming Workplace Conflict at the United States Postal Service
  Notes and Questions
  5. Dispute Resolution and Democratic Governance
  Richard C. Reuben, Democracy and Dispute Resolution: The Problem of Arbitration
  Notes and Questions
  B. Private Sphere
  1. Early Process Variations
  a. Mini-Trial
  Eric D. Green, Corporate Alternative Dispute Resolution
  Notes and Questions
  b. Private Judging
  Barlow F. Christensen, Private Justice: California's General Reference Procedure
  Notes and Questions
  c. Med-Arb
  Stephen Goldberg, The Mediation of Grievances Under a Collective Bargaining Contract: An Alternative to Arbitration
  Notes and Questions
  d. Ombuds
  Philip J. Harter, Ombuds-A Voice for the People
  Notes and Questions
  2. Recent Innovations and Adaptations
  a. Collaborative Lawyering
  John Lande, Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering
  Questions
  b. Partnering
  John G. Bickerman, Partnering in the Construction Industry: Teaming Up to Prevent Disputes
  c. Online Dispute Resolution
  Louis Del Duca, Colin Rule and Zbynek Loebl, Facilitating Expansion of Cross-Border E-Commerce-Developing a Global Online Dispute Resolution System
  Notes and Questions
  A. Overarching Considerations
  1. In General
  Nat'l Inst. for Dispute Resolution, Paths to Justice: Major Public Policy Issues of Dispute Resolution
  Notes and Questions
  2. Procedural Justice
  Nancy A. Welsh, Making Deals in Court-Connected Mediation: What's Justice Got to Do With It?
  Notes and Questions
  3. Public Policy Implications
  Harry Edwards, Alternative Dispute Resolution: Panacea or Anathema?
  Frank E.A. Sander & Stephen B. Goldberg, Fitting the Forum to the Fuss: A User-Friendly Guide to Selecting an ADR Procedure
  Notes and Questions
  B. Designing and Evaluating Conflict Management Systems
  1. Systems Design
  a. Basic Concepts
  Jeanne M. Brett, Stephen B. Goldberg & William L. Ury, Designing Systems for Resolving Disputes in Organizations
  Notes and Questions
  Cathy Costantino, Using Interest-Based Techniques to Design Conflict Management Systems
  Notes and Questions
  b. Self-Determination in Systems Design
  Lisa B. Bingham, Self-Determination in Dispute System Design and Employment Arbitration
  Notes and Questions
  2. Evaluating Dispute Resolution Systems
  a. Process of Evaluation
  Donna Stienstra, Evaluating and Monitoring ADR Procedures
  Notes and Questions
  b. Value of Evaluation Research
  Robert J. Maccoun, E. Allan Lind, Deborah R. Hensler, David L. Bryant & Patricia A. Ebener, Alternative Adjudication: An Evaluation of the New Jersey Automobile Arbitration Program
  Notes and Questions
  C. Advising Clients in Selecting a Dispute Resolution Process
  1. Barriers to Discussion and Use of ADR
  Roselle L. Wissler, Barriers to Attorneys' Discussion and Use of ADR
  Notes and Questions
  2. Selecting a Process
  Frank E.A. Sander & Lukasz Rozdeiczer, Matching Cases and Dispute Resolution Procedures: Detailed Analysis Leading to a Mediation-Centered Approach
  Notes and Questions
  Kathleen M. Scanlon & Harpreet K. Mann, A Guide to Multi-Step Dispute Resolution Clauses
  Notes and Questions
  D. Choosing and Building Dispute Resolution Processes
  A. New Connections
  Susan Daicoff, The Comprehensive Law Practice: Overview of the Movement, the Vectors, and their Common Ground
  Notes and Questions
  B. New Skills
  Leonard L. Riskin, Mindfulness: Foundational Training for Dispute Resolution
  Notes and Questions
  C. New Opportunities
  1. Entering the Stream: Professional Organizations
  2. Personal Stories
  James J. Alfini & Eric Galton, ADR Personalities and Practice Tips
  Questions.