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Getting Disputes Resolved by William L. Ury,Jeanne M. Brett,Stephen B. Goldberg Pdf
This book offers tested guidelines for designing a dispute resolution system that will help handle conflicts effectively on an ongoing basis - and avoid the damaging costs of attorneys fees, lost production, and emotional injury.
Getting to Yes by Roger Fisher,William Ury,Bruce Patton Pdf
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Author : Michael L. Moffitt,Robert C. Bordone Publisher : John Wiley & Sons Page : 580 pages File Size : 55,9 Mb Release : 2012-06-28 Category : Law ISBN : 9781118429839
The Handbook of Dispute Resolution by Michael L. Moffitt,Robert C. Bordone Pdf
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.
Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.
The Big Book of Conflict Resolution Games: Quick, Effective Activities to Improve Communication, Trust and Collaboration by Mary Scannell Pdf
Make workplace conflict resolution a game that EVERYBODY wins! Recent studies show that typical managers devote more than a quarter of their time to resolving coworker disputes. The Big Book of Conflict-Resolution Games offers a wealth of activities and exercises for groups of any size that let you manage your business (instead of managing personalities). Part of the acclaimed, bestselling Big Books series, this guide offers step-by-step directions and customizable tools that empower you to heal rifts arising from ineffective communication, cultural/personality clashes, and other specific problem areas—before they affect your organization's bottom line. Let The Big Book of Conflict-Resolution Games help you to: Build trust Foster morale Improve processes Overcome diversity issues And more Dozens of physical and verbal activities help create a safe environment for teams to explore several common forms of conflict—and their resolution. Inexpensive, easy-to-implement, and proved effective at Fortune 500 corporations and mom-and-pop businesses alike, the exercises in The Big Book of Conflict-Resolution Games delivers everything you need to make your workplace more efficient, effective, and engaged.
Dispute System Design by Lisa Blomgren Amsler,Janet Martinez,Stephanie E. Smith Pdf
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
Designing Systems and Processes for Managing Disputes by Nancy H. Rogers,Robert C. Bordone,Frank E.A. Sander,Craig A. McEwen Pdf
Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
Resolving Business Disputes will give company directors, business executives and other commercial decision-makers a unique and essential insight into how to resolve business disputes and to reach the best outcomes by making effective decisions. The book is also aimed at dispute resolution lawyers, litigation funders and insurers. It is a guide, explaining the unique choices created by commercial conflict, basic workings of the law about disputes, the main avenues of dispute resolution, the forecasting of litigation outcomes for cases going to court, the funding of legal cases, the management of the risk involved, the creation of a dispute strategy, how to make the best use of legal advice and how to negotiate effectively. Finally, by using objective criteria the guide explains how to decide whether to end a dispute by negotiated settlement or by taking a case all the way to a court judgment or other conclusion. In view of the profound implications of Covid-19 for trade and commerce, the book also contains an introduction to key issues raised by the pandemic for the resolution of contract disputes.
"In the tradition of bestselling explainers like The Tipping Point, [this] book [is] based on cutting edge science that breaks down the idea of extreme conflict--the kind that paralyzes people and places--and then shows how to escape it"--
When it was first published in 2001, Negotiating Globally quickly became the basic reference for managers who needed to learn how to negotiate successfully across boundaries of national culture. This thoroughly revised and expanded second edition preserves the structure of the acclaimed first edition and improves upon it, making it even easier to learn how to navigate national culture when negotiating deals, resolving disputes, and making decisions in teams. Rather than offering country-specific protocol and customs, Negotiating Globally provides a general framework to help negotiators anticipate and manage cultural differences. This new edition incorporates the lessons of the latest research with new emphasis on executing a negotiation strategy and negotiating conflict in multicultural teams. The well-received chapter on “Government At and Around the Table” has been expanded and updated with new examples that span the globe. In this comprehensive resource, Jeanne M. Brett describes how to develop a negotiation planning document and shows how to execute the plan. She provides a model that explains how the cultural environment affects negotiators’ interests, priorities, and strategies. She provides benchmarks for distinguishing good deals from poor ones and good negotiators from poor ones. The book explains how resolving disputes is different from making deals and how negotiation strategy can be used in multicultural teams. Negotiating Globally challenges negotiators to expand their repertoire of strategies so that they will be able to close deals, resolve disputes, and get teams to make decisions.
Dispute Resolution by Stephen B. Goldberg,Frank E. A. Sander,Nancy H. Rogers Pdf
This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
Conflict Management for Managers by Susan S. Raines Pdf
“Raines masterfully blends the latest empirical research on workplace conflict with practical knowledge, skills, and tools to effectively manage and prevent a wide range of conflict episodes. This is a highly applicable ‘top shelf book’ that will assist anyone from the aspiring manager to top level management and leadership in the public, private, and nonprofit sectors. It will also be a fast favorite of professors, trainers, and students of business and conflict management.” - Brian Polkinghorn, Distinguished Professor, Center for Conflict Resolution, Salisbury University. “With her broad dispute resolution, teaching, and editing experience, Susan Raines is uniquely qualified to organize what is known about conflict management in the workplace. She has succeeded in providing private, public, and nonprofit managers with accessible concepts and tools to deal effectively with the internal and external conflicts they must confront every day. Essential reading for all managers!” - Alan E. Gross, senior director, training coordinator, New York Peace Institute “After reading an advance copy of Raine’s impressive book, I can’t wait to begin to use it as a seminal text in my classes in organizational conflict. I am amazed at her ability to cover so well such disparate subjects as systems design, public policy disputes, small and large group processes, customer conflicts, conflicts in a unionized environment, and conflicts within regulatory contexts. Her user-friendly writing style is enhanced by her salient examples of exemplary and mistake-laden practices within public and private sector organizations. A ‘must-read’ for scholars, students, and practitioners interested in organizational conflict.” - Neil H. Katz, professor, Conflict Analysis and Resolution, Nova-Southeastern University “Conflict management skills are essential to a manager’s success. Raines, a leading scholar and practitioner, provides a comprehensive and strategic new guide to these critical skills and how to use them in any organization.” - Lisa Blomgren Bingham, Keller-Runden Professor of Public Service, School of Public and Environmental Affairs, Indiana University
National Research Council,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council
Author : National Research Council,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council Publisher : National Academies Press Page : 68 pages File Size : 43,8 Mb Release : 2007-10-09 Category : Technology & Engineering ISBN : 9780309179980
Reducing Construction Costs by National Research Council,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council Pdf
The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.
Author : Lawrence Susskind,Patrick Field Publisher : Simon and Schuster Page : 296 pages File Size : 51,5 Mb Release : 1996-04-17 Category : Business & Economics ISBN : 9780684823027
Dealing with an Angry Public by Lawrence Susskind,Patrick Field Pdf
Some portion of the American public will react negatively to almost any new corporate initiative, as Disney discovered when it announced its plans to build an historical theme park in Virginia. Similarly, government efforts to change policy or shift budget priorities are invariably met with stiff resistance. In this enormously practical book, Lawrence Susskind and Patrick Field analyze scores of both private and public-sector cases, as well as crisis scenarios such as the Alaskan oil spill, the silicone breast implant controversy, and nuclear plant malfunction at Three Mile Island. They show how resistance to both public and private initiatives can be overcome by a mutual gains approach involving face-to-face negotiation, a strategy applied successfully by over fifteen hundred executives and officials who have attended Professor Susskind's MIT-Harvard "Angry Public" seminars.Susskind and Field outline the six key elements of this approach in order to help business and government leaders negotiate, rather than fight, with their critics. In the process, they show how to identify who the public is, whose concerns to address first, which people and organizations must be convinced of the legitimacy of action taken, and how to assess and respond to different types of anger effectively. Acknowledging the crucial role played by the media in shaping public perception and understanding, Susskind and Field suggest a way to develop media interaction which is consistent with the six mutual gains principles, and also discuss the type of leadership that corporate and government managers must provide in order to combine these ideas into a useful whole.We all need to be concerned about a society in which the public's concerns, fears and anger are not adequately addressed. When corporate and government agencies must spend crucial time and resources on rehashing and defending each decision they make, a frustrated and angry public contributes to the erosion of confidence in our basic institutions and undermines our competitiveness in the international marketplace. In this valuable book, Susskind and Field have produced a strong, clear framework which will help reduce these hidden costs for hundreds of executives, managers, elected and appointed officials, entrepreneurs, and the public relations, legal and other professionals who advise them.
Resolving Disputes by Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg Pdf
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management