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The Handbook of Dispute Resolution |  |
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The Handbook of Dispute Resolution | |
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.
The book looks closely at the structure of disputes and dispute contexts, offers advice for creating value in disputes, using agents, and explores settlement through tools such as decision analysis. The information on law, ethics, and organizational dynamics offers particular insights into the ways that disputes are shaped by factors beyond the parties themselves. The book also contains a comprehensive review of a wide range of available dispute resolution processes. Chapters on negotiation, mediation, arbitration, litigation, and consensus building serve as perfect introductions to the field and as useful syntheses for experienced practitioners.
Finally, the book explores the topics that are likely to be at the center of dispute resolution in the coming decades. Disputes now commonly arise or are resolved online, in transboundary settings, or in other nontraditional contexts. The Handbook concludes with a glimpse of the future: What will dispute resolution look like over the next thirty years?
Published as part of a special series with the Program on Negotiation at Harvard Law School, The Handbook of Dispute Resolution offers the most complete and authoritative synthesis of the field available.
作者简介 Michael L. Moffitt is an associate professor and the associate director of the Appropriate Dispute Resolution Program at the University of Oregon School of Law.
Robert C. Bordone is the Thaddeus R. Beal Lecturer on Law at Harvard Law School and the deputy director of the Harvard Negotiation Research Project at Harvard Law School.
专业书评 From the Back Cover
Praise for The Handbook of Dispute Resolution
"This is the best guide I know on dispute resolution. Everyone interested in the field should have a copy on hand."
—Roger Fisher, coauthor, Getting to YES: Negotiating Agreement Without Giving In; director, Harvard Negotiation Project; and Williston Professor of Law Emeritus, Harvard Law School
"This wide-ranging, stimulating, and eminently practical collection both reflects and advances the best thinking on alternative dispute resolution. Essays by ADR pioneers and a new generation of scholars provide a comprehensive introduction for students and practitioners new to the field, yet also offer veteran teachers and mediators concise applications of groundbreaking research. In this fractious and divisive age, The Handbook of Dispute Resolution is an especially welcome and hopeful contribution to society overall."
—Michael Wheeler, Class of 1952 Professor of Management Practice, Harvard Business School
"From the historic foundations of dispute resolution, to personality and the behavior of disputants, to the effects of globalization on the successful resolution of transborder disputes, this remarkable and thought-provoking compilation of scholarly work and practical observations is a must-read for students and practitioners of conflict resolution. This handbook adds immeasurably to our understanding of the ways in which people fight and the circumstances by which peaceful resolution can be achieved. In today's world, no set of insights is more valuable."
—Ambassador Charlene Barshefsky, senior international partner, Wilmer Cutler Pickering Hale & Dorr, LLP; former U.S. trade representative and presidential cabinet member
"The advice in this book captures in an accessible way much of the wisdom that I've acquired from years of negotiating in the entertainment industry. Here are the gems that really work to move others to want to say 'yes.'"
—Marshall M. Silverman, vice president and senior motion picture production counsel, Warner Brothers Pictures, Inc.
"Mediators, lawyers, diplomats—indeed anyone concerned with dispute resolution—will discover in this handbook a helpful distillation of what scholars and experienced practitioners know about conflicts."
—Robert H. Mnookin, Williston Professor of Law, Harvard Law School; chair, executive committee, Program on Negotiation at Harvard Law School; director, Harvard Negotiation Research Project, Harvard Law School
www.josseybass.com"This is the best guide I know on dispute resolution. Everyone interested in the field should have a copy on hand."
-- Roger Fisher, coauthor, Getting to Yes: Negotiating Agreement Without Giving In; director, Harvard Negotiation Project; and Williston Professor of Law Emeritus, Harvard Law School
"This wide-ranging, stimulating, and eminently practical collection both reflects and advances the best thinking on alternative dispute resolution. Essays by ADR pioneers and a new generation of scholars provide a comprehensive introduction for students and practitioners new to the field, yet also offer veteran teachers and mediators concise applications of groundbreaking research. In this fractious and divisive age, The Handbook of Dispute Resolution is an especially welcome and hopeful contribution to society overall."
-- Michael Wheeler, Class of 1952 Professor of Management Practice, Harvard Business School
"From the historic foundations of dispute resolution, to personality and the behavior of disputants, to the effects of globalization on the successful resolution of transborder disputes, this remarkable and thought-provoking compilation of scholarly work and practical observations is a must-read for students and practitioners of conflict resolution. This handbook adds immeasurably to our understanding of the ways in which people fight and the circumstances by which peaceful resolution can be achieved. In today’s world, no set of insights is more valuable."
--Ambassador Charlene Barshefsky, senior international partner, Wilmer Cutler Pickering Hale & Dorr, LLP; former U.S. trade representative and presidential cabinet member
"The advice in this book captures in an accessible way much of the wisdom that I’ve acquired from years of negotiating in the entertainment industry. Here are the gems that really work to move others to want to say ‘yes.’"
-- Marshall M. Silverman, vice president and senior motion picture production counsel, Warner Brothers. Pictures, Inc.
"Mediators, lawyers, diplomats—indeed anyone concerned with dispute resolution—will discover in this handbook a helpful distillation of what scholars and experienced practitioners know about conflicts."
--Robert H. Mnookin, Williston Professor of Law, Harvard Law School; chair, executive committee, Program on Negotiation at Harvard Law School; director, Harvard Negotiation Research Project, Harvard Law School
"The Handbook of Dispute Resolution is a gold mine of insights and sound advice on all stages of dealing with conflict, from choosing the right process to implementing the settlement agreement. It is a wonderful stimulus to new thinking. Anyone concerned with conflict, whether as participant, third party, advisor or observer, needs to know this material."
-- Joseph Stanford, former Canadian Ambassador to Israel and High commissioner to Cyprus
"The Handbook of Dispute Resolution has something for everyone interested in conflict, its prevention, and most importantly, its resolution. The clever arrangement into four distinct sections with treatments by prominent professors and experienced practitioners offers much to advocates, academicians, HR and Risk managers or neutrals. It is a first-look resource for either novices or advanced practitioners of ADR."
-- Robert A. Creo, founding president and fellow, International Academy of Mediators
"A must read for mediators, negotiators and other dispute resolvers. Moffitt and Bordone bring together ADR's finest to advance our understanding of conflict and its resolution in this well-crafted collection."
-- Charles P. Doran, executive director, Mediation Works Incorporated
"Moffitt and Bordone have skillfully assembled a basket of gems--each chapter contains fresh insights, cogently presented, brilliantly polished, from the best, the brightest, and the most creative thinkers in the field of conflict management and dispute resolution. This is a must-read handbook for both scholars and practitioners."
-- David Hoffman, chair, the ABA Section of Dispute Resolution; founder, Boston Law Collaborative, LLC
目录
Preface.
1. Perspectives on Dispute Resolution: An Introduction (Michael L. Moffitt and Robert C. Bordone).
2. Roots and Inspirations: A Brief History of the Foundations of Dispute Resolution (Carrie Menkel-Meadow).
PART ONE: UNDERSTANDING DISPUTANTS.
3. “I See a Pattern Here and the Pattern Is You”: Personality and Dispute Resolution (Sheila Heen and John Richardson).
4. The Decision Perspective to Negotiation (Max H. Bazerman and Katie Shonk).
5. Enemies, Allies, and Emotions: The Power of Positive Emotions in Negotiation (Daniel L. Shapiro).
6. Relationship Dynamics in Disputes: Replacing Contention with Cooperation (Keith G. Allred).
7. Identity, Beliefs, Emotion, and Negotiation Success (Clark Freshman).
8. Cultural Pathways in Negotiation and Conflict Management (Anthony Wanis-St. John).
9. Negotiation Through a Gender Lens (Deborah M. Kolb and Linda L. Putnam).
10. Bone Chips to Dinosaurs: Perceptions, Stories, and Conflict (Douglas Stone and Sheila Heen).
PART TWO: UNDERSTANDING DISPUTES AND DISPUTE CONTEXTS.
11. Disputes as Opportunities to Create Value (Michael L. Moffitt).
12. Six Principles for Using Negotiating Agents to Maximum Advantage (Scott R. Peppet).
13. Finding Settlement with Numbers, Maps, and Trees (Marjorie Corman Aaron).
14. Option Generation: Be Careful What You Ask For . . . (Chris Guthrie).
15. Organizational Influences on Disputants (Corinne Bendersky).
16. A Taxonomy of Dispute Resolution Ethics (Jonathan R. Cohen).
17. The Role of Law in Settlement (Russell Korobkin).
PART THREE: UNDERSTANDING DISPUTE RESOLUTION PROCESSES.
18. Negotiation (Bruce Patton).
19. Mediation (Kimberlee K. Kovach).
20. Arbitration (Sarah Rudolph Cole and Kristen M. Blankley).
21. Litigation as a Dispute Resolution Alternative (Jeffrey R. Seul).
22. Consensus Building and ADR: Why They Are Not the Same Thing (Lawrence E. Susskind).
23. Bargaining in the Shadow of Management: Integrated Conflict Management Systems (Howard Gadlin).
24. Selecting an Appropriate Dispute Resolution Procedure: Detailed Analysis and Simplified Solution (Frank E. A. Sander and Lukasz Rozdeiczer).
PART FOUR: EMERGING ISSUES IN DISPUTE RESOLUTION.
25. What Could a Leader Learn from a Mediator? Dispute Resolution Strategies for Organizational Leadership (Hannah Riley Bowles).
26. Online Dispute Resolution (Ethan Katsh).
27. Public and Private International Dispute Resolution (Andrea Kupfer Schneider).
28. Victim Offender Mediation: Evidence-Based Practice Over Three Decades (Mark S. Umbreit, Robert B. Coates, and Betty Vos).
29. Youths, Education, and Dispute Resolution (Donna K. Crawford and Richard J. Bodine).
30. Institutionalization and Professionalization (Nancy A. Welsh).
31. The Next Thirty Years: Directions and Challenges in Dispute Resolution (Robert C. Bordone, Michael L. Moffitt, and Frank E. A. Sander).
About the Editors.
About the Contributors.
Name Index.
Subject Index.
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