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Dispute Resolution and Lawyers

Dispute Resolution and Lawyers Author Leonard L. Riskin
ISBN-10 0314253076
Release 2005
Pages 977
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This classic casebook approaches dispute resolution from the unique perspective of lawyers, including their various roles as counselors, advocates, and dispute resolution specialists, and as human beings involved in these processes. While retaining its familiar style, organization, accessibility and sense of humor, the new edition also updates this classroom-tested casebook with all major cases and practice, empirical, and theoretical developments, and gives special emphasis to problem-solving and understanding and managing conflict.

International Dispute Resolution

International Dispute Resolution Author Mary Ellen O'Connell
ISBN-10 1594609047
Release 2012-01-01
Pages 646
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Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication.The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format.The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.

Domestic Relationships

Domestic Relationships Author Ann Laquer Estin
ISBN-10 0314275428
Release 2013
Pages 1175
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In print and online, this new casebook considers the full range of contemporary domestic relationships, including families based on marriage and families formed through nonmarital cohabitation. The book presents the framework of constitutional and federal law that shapes family law at the state level, and materials to help students master the practical dimensions of family law including the mechanics of determining marriage validity, establishing parentage, and working with uniform jurisdictional statutes. Text boxes and links to online resources pose critical thinking questions and direct students to international and comparative dimensions of the subject, important ethical questions, and further reading.

Alternative Dispute Resolution in a Nutshell

Alternative Dispute Resolution in a Nutshell Author Jacqueline M. Nolan-Haley
ISBN-10 0314285326
Release 2013
Pages 526
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This title presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids such as arb-med, med-arb, consensus-building as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration. Each chapter contains a bibliography. This is a must read for anyone interested in the field of dispute resolution.

Alternative Dispute Resolution

Alternative Dispute Resolution Author Mark V.B. Partidge
ISBN-10 STANFORD:36105134453104
Release 2009-06-18
Pages 258
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Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.

Principles of Alternative Dispute Resolution

Principles of Alternative Dispute Resolution Author Stephen J. Ware
ISBN-10 STANFORD:36105134481360
Release 2007-01-01
Pages 389
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Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and caselaw accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine.

Dispute Resolution

Dispute Resolution Author Carrie Menkel-Meadow
ISBN-10 0735589194
Release 2011
Pages 721
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Dispute Resolution: Beyond the Adversarial Model, Second Edition, takes a comprehensive look at the current state of Dispute Resolution by incorporating key aspects of the negotiation, mediation, arbitration, and hybrid processes: the theoretical frameworks that define the processes, the skills needed to practice them, the ethical issues implicated in their uses, and the legal and policy analyses surrounding each process. Key features of this casebook, which takes a practical approach to dispute resolution as problem solving, are: authors are among the leading scholars and teachers in the field of Dispute Resolution, recognized for their scholarship, teaching, practice, policy making, and standard drafting comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to key areas of contemporary DR practice are thoroughly covered using a rich range of up-to-date cases and readings students are engaged as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts multi-party and complex issue dispute resolution covered readings balance theory and theory-in-use and include cases, behaviorally and critically based articles, examples, empirical studies, relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes challenging, relevant readings include a wide range of perspectives, from Fisher, Ury, and Patton's Getting to Yes, Raiffa's Art and Science of Negotiation, and Mary Parker Follett on creative conflict . Key cases include Gilmer v. Interstate/Johnson Lane Corp. and Supreme Court s 2009 arbitration decisions such as Hall Street & Penn Plaza New to the Second Edition: deep and comprehensive coverage in a more compactly edited, shorter form new cases, articles, empirical studies, and other materials in all areas of arbitration, negotiation, mediation, and hybrids ethics, skills, and policy issues combined with law and theory of different processes focus on modern uses of dispute resolution multi-party, in court, private, complex, as well as basic dispute resolution Offering a continued focus on practical problem solving, nested in theory-in-use of different dispute processes, Dispute Resolution: Beyond the Adversarial Model, is an invaluable teaching tool, appropriate for any skills-oriented clinic or class using practicums and simulations.

Contemporary Family Law

Contemporary Family Law Author Douglas Abrams
ISBN-10 1628101652
Release 2015-09-29
Pages 1280
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In the fourth edition, all 17 chapters are fully updated to reflect the latest family law developments. Developments based on Obergefell v. Hodges are treated fully throughout the new edition. This popular family law casebook engages students with the significant changes to the American family and the corresponding evolution of family law doctrine and policy. The book emphasizes that contemporary families take a variety of forms, including marital and nonmarital relationships, and that constitutional considerations play an increasingly important role in family law. The fourth edition preserves and builds on the approach of the earlier editions: presenting core substantive family law doctrine while also exploring ongoing and emerging policy debates and discussing the importance of cross-disciplinary collaborations with experts in fields such as psychology and accounting. The book introduces the myriad issues central to family law practice and to a lawyer's ethical and professional responsibilities. New cases have been substituted where appropriate, and the notes following each lead case, statute or article have been thoroughly updated. In addition, new Problems expand the number of opportunities for actively engaging students. Contemporary Family Law highlights the issues of professional and ethical responsibility that arise in family law, not only by using Problems that invite students to engage in role playing, but also by devoting separate chapters to legal ethics, alternative dispute resolution, and private ordering. While providing a grounding in the historical and contemporary regulation of marriage, the book also devotes chapters to nonmarital couples and to establishing parenthood. The book also emphasizes concrete aspects of legal practice and professional responsibility by, for example, including material at the end of the first chapter on shifting paradigms within family law practice and the roles of family lawyers, by addressing jurisdictional issues in one integrated chapter, and by presenting problems for discussion in each chapter that enable students to apply doctrine in real-life settings that lawyers face. Moreover, because child custody arrangements lead to some of the most acrimonious family disputes, this casebook devotes two chapters to custody: the first treats the initial custody decision, and the second explores continuing litigation concerning visitation, custody, and key childrearing decisions after the initial disposition, including disputes involving third parties such as cohabitants and grandparents. Both custody chapters include disputes involving nonmarital children. New and expanded material in the fourth edition includes full treatment of Obergefell v. Hodges (2015), the Supreme Court's ruling on the fundamental right of same-sex couples to marry and to have every state recognize their marriage, and its ramifications throughout family law. This edition has added a separate chapter on nonmarital couples, including a section on domestic partnerships, civil unions, and other legal statuses in the wake of Obergefell; extensive coverage of debt and family finances, reflecting the current economic climate, as well as new material on how taxes affect families; substantially updated discussion of the impact of gender in child custody decisions and the current legal status of shared parenting; an expanded Section on the Hague Convention; detailed discussion of new and emerging reproductive technologies; and major revisions to the chapter on child support (including recent data on the central role of child support in low-income families). The chapter on private ordering integrates the new Uniform Premarital and Marital Agreements Act. Finally, the comprehensive 700-page teachers manual presents explanations and pedagogical strategies, including extended exercises, that will help new adopters design a rich course that meets their students'

Cases and Materials on Alternative Dispute Resolution

Cases and Materials on Alternative Dispute Resolution Author Leo Kanowitz
ISBN-10 UCAL:$B109511
Release 1985
Pages 1024
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This book provides an overview of Alternative Dispute Resolution.

Alternatives to Litigation

Alternatives to Litigation Author Abraham P. Ordover
ISBN-10 160156337X
Release 2014-07
Pages 282
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Alternatives to Litigation has been writing in one form or another for most of life. You can find so many inspiration from Alternatives to Litigation also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Alternatives to Litigation book for free.

Dispute Resolution

Dispute Resolution Author Michael L. Moffitt
ISBN-10 0735599564
Release 2011
Pages 316
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Highly respected ADR authors Michael Moffitt and Andrea K. Schneider bring their considerable experience and expertise to the proven-effective Examples & Explanations Series pedagogy. Mirroring how many ADR courses are taught, Dispute Resolution combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. The timely Second Edition sees an expanded treatment of the ethics, confidentiality, and participation requirements in mediation. Coverage of arbitration has been thoroughly updated. Many examples have been refreshed and revised. An ideal study guide for Mediation, Arbitration, or the survey ADR course, Dispute Resolution features: clear, readable, up-to-date introductions to legal theory and doctrine , such as The Law of Fraud The Uniform Mediation Act The Model Standards of Conduct for Mediators The Federal Arbitration Act The Revised Uniform Arbitration Act a logical organization that traces the coverage of most survey courses on Dispute Resolution liberal use of visual aids, such as diagrams, charts, and conceptual illustrations cites and references to principle cases used in most of the leading casebooks New in the Second Edition expanded coverage of mediation that includes developments in ethics, confidentiality, and participation requirements updated treatment of arbitration that includes new U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications

The Psychology of Tort Law

The Psychology of Tort Law Author Jennifer K. Robbennolt
ISBN-10 9780814724941
Release 2016-01-01
Pages 320
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

Dispute Resolution

Dispute Resolution Author Stephen B. Goldberg
ISBN-10 9781454822912
Release 2014-12-09
Pages 736
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This comprehensive casebook provides 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 issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice. Distinguished, experienced author team. Direct, accessible writing. Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques ADR Research Guide in appendix. The revised Sixth Edition includes: More practice-related issues. The role and applications of modern technology in ADR. International applications of ADR processes. Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful. Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process. Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes. Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality. New questions and exercises, including exercises in mediation-arbitration and online dispute resolution.


Mediation Author Dwight Golann
ISBN-10 9781454876021
Release 2016-02-16
Pages 432
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With an emphasis on the practical, Mediation: The Roles of Advocate and Neutral, Third Edition, integrates theory with skills and strategies, ethics, and multiple practice applications to teach students about mediation and how to represent clients effectively in the process. This next-generation casebook includes all of the mediation material in Resolving Disputes as well as selected materials from the negotiation and hybrid sections. It expands the mediation coverage in the survey casebook, focusing on psychological barriers, techniques of conducting legal mediation, and how to use mediation as a litigator. Lastly, the third edition of Mediation adds coverage not available in the survey book, including exploration of cognitive obstacles, subtle emotional issues, methods of facilitating positional bargaining and disagreements over legal issues, and policy issues affecting mediation. Features: Expanded discussion of how cognitive barriers and emotions such as grief and loss can impact settlement. Examples showing how lawyers sometimes act as informal mediators. A chapter that place caucus, no-caucus, all-caucus and transformative models of mediation side by side, allowing teachers to compare and contrast processes. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

International Business Transactions

International Business Transactions Author Ralph Folsom
ISBN-10 1634592670
Release 2015-03-24
Pages 1351
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The 12th Edition of this popular problem-oriented coursebook introduces law students to the conduct of business in the world community. Problems on international contracting, financing, trade regulation, licensing and technology transfers, foreign investment, and international business dispute resolution are included. The book provides current in-depth examination of issues clients are likely to face, such as contracting for sales across borders, financing international transactions, defending against import competition, expanding exports and overseas markets, investing abroad and dealing with NAFTA, the WTO, and other trade agreements. The coursebook is designed to survey a wide range of laws involving trade, licensing and investment, and explore how issues and problems are addressed by lawyers as problem solvers. The below Power Point presentations contain visual representations of a variety of international business transactions covered in the master International Business Transactions coursebook and in IBT: Contracting Across Borders. Through the use of illustrations, charts, and movement, the presentations show how the parties are situated as well as how the transactions typically unfold. The Power Points cover a wide variety of subjects, including the basic IBT sales transaction, the "battle of the forms," commercial terms and bills of lading, documentary sales transactions, letters of credit, and international project financing.

Riskin And Doxsee s Dispute Resolution for Lawyers

Riskin And Doxsee s Dispute Resolution for Lawyers Author Leonard L. Riskin
ISBN-10 0314004203
Release 2005-10-09
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Demonstrates adversarial and problem-solving approaches to negotiation in settling law suits. Using role play, a medical malpractice claim is negotiated by two lawyers who also have their clients present for parts of the negotiation.

Legal Negotiation

Legal Negotiation Author Donald Gifford
ISBN-10 1683284178
Release 2016-12-30
Pages 361
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This classic text is specifically designed to teach students how to negotiate in the actual practice of law. Although practical, it is grounded in ongoing research by social science, law, and business school scholars. In this new edition, Professor Robert Rhee joins Professor Gifford, and brings with him both a background in transactional negotiations and expertise in economic analysis of negotiation. Some highlights include: Structural changes enhance the student's learning experience. Illustrative examples are pulled from the text and highlighted. Economic analysis and issues of valuation have been added. Each chapter concludes with a summary of major points and review questions. Professional responsibility issues, how race and gender affect bargaining, and the roles played by email and videoconferencing all receive increased coverage. The text is accompanied by a teacher's manual packed with simulation problems and other classroom exercises.