Discussions in dispute resolution : the foundational articles / Art Hinshaw, Andrea Kupfer Schneider, and Sarah Rudolph Cole.

Format:

Book

Author/Creator:

Hinshaw, Art, author.

Cole, Sarah R., author.

Schneider, Andrea Kupfer, author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Dispute resolution (Law)--United States.

Dispute resolution (Law).

Arbitration and award--United States.

Arbitration and award.

Mediation--United States.

Mediation.

Physical Description:

1 online resource (440 pages).

Place of Publication:

New York, New York State : Oxford University Press, [2021]

Summary:

While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labour movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates.

Contents:

cover

Half title

Discussions in Dispute Resolution

Copyright

Contents

Acknowledgments

Table of Contributors

Introduction

PART 1. NEGOTIATION

Article 1.1.

Bargaining in the Shadow of the Law: The Case of Divorce (1979) 3Robert

Comments:

Elizabeth C. Tippett- Bargaining in the Shadow of the Law: The Case for ADR as a Field of Study 9

Rebecca Hollander- Blumoff- Taking Human Behavior Seriously 13

Rishi Batra- Bargaining in the Shadow of the Law: A Classic Article with a Contemporary Challenge 17

Robert H. Mnookin- Bargaining in the Shadow of the Law Reassessed 22

Article 1.2.

Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation (1980) 27James

Michael Moffitt- Machiavelli and the Bar and Ethical Ratcheting 31

Peter R. Reilly- Machiavelli and the Bar: J.J. White as Negotiation Ethics Architect 36

Lauren A. Newell- Machiavelli and the Bar: Prescient in Part 40

James J. White- Confronting Lying in Negotiation 45

Article 1.3.

Toward Another View of Legal Negotiation: The Structure of

Problem Solving (1984) 49Carrie

Russell Korobkin- We Are All Problem Solvers Now 55

Erin R. Archerd- It's Not the Lawyers We Need to Convince: Commentary on Legal Negotiation by Carrie Menkel- Meadow 60

Andrea Kupfer Schneider- Counseling about More Than the Law 64

Carrie Menkel- Meadow- The Origins of Problem- Solving Negotiation and Its Use in the Present 68

Article 1.4.

The Limits of Integrative Bargaining (1996) 73Gerald

Jennifer Reynolds- Oversimplifying, Overselling, Overreaching 79

Noam Ebner- Integrative Negotiation: Paying the Price of Popularity 84

Robert C. Bordone- Strengthening Integrative Bargaining: How The Limits of Integrative Bargaining Sharpened the Work of Negotiation Scholars 89.

Gerald B. Wetlaufer- Reflections on The Limits of Integrative Bargaining 94

PART 2. MEDIATION

Article 2.1.

Mediation- Its Forms and Functions (1971) 101Lon

Art Hinshaw- Lon L. Fuller: Private Ordering and Mediation 107

Nancy A. Welsh- The Untethering of Mediation from Relationships 111

James J. Alfini- Lon Fuller's Influence on the Debate over Mediator Orientations 116

Becky L. Jacobs- Lon Fuller: A Progenitor of the Pedagogy of Skills? 120

Article 2.2.

The Theory and Practice of Mediation: A Reply to Professor

Susskind (1981) 125Joseph

Lela Porter Love- A Star to Steer Her By 131

Brian A. Pappas- Just Settlement? Rethinking the Mediator's Goals 136

Sharon Press and Bobbi McAdoo- Neutrality in 2020: A Reply to 1981 Stulberg 141

Joseph B. Stulberg- Revisiting Mediator Neutrality 145

Article 2.3.

The Mediation Alternative: Process Dangers for Women (1991) 151Trina

Carol Pauli- Trina Grillo: Productive Rage 157

Karen Tokarz- Grillo's Rigorous Path to Intentional, Mindful Mediation 161

Douglas N. Frenkel- The Grillo Effect at Thirty 165

Kelly Browe Olson- Post- Grillo: New Family Mediation Protections and Revised Dangers 169

Article 2.4.

Understanding Mediators' Orientations, Strategies, and

Techniques: A Grid for the Perplexed (1996) 175Leonard

Michael T. Colatrella Jr.- "True Enough" 183

Alyson Carrel- Dismantling the "Facilitative" "Evaluative" Dichotomy: Reflecting on Riskin's Grid and Predicting the Future 188

Donna Erez- Navot- The Riskin Grid: A Mixed Legacy 192

Kimberlee Kovach- Growth from the Grid? 197

PART 3. ARBITRATION

Article 3.1.

The New Federal Arbitration Law (1926) 203Julius

Comments:.

Carli N. Conklin- A Robust History of Arbitration in Early America: Commentary on The New Federal Arbitration Law 207

Imre S. Szalai- The Federal Arbitration Act in Its Infancy: Cohen and Dayton's The New Federal Arbitration Law 212

Kristen Blankley- The New Federal Arbitration Law: A Call to Ethical Practice Not Yet Realized 216

Amy J. Schmitz- Emphasizing Efficiency in the Digital Age 221

Article 3.2.

Commercial Arbitration (1961) 227Soia

Sarah R. Cole- Everything Old Is New Again 231

W. Mark C. Weidemaier- The Legacy of Soia Mentschikoff's Commercial Arbitration 235

David Horton- Inside the Black Box: A Short Comment on Soia Mentschikoff's Commercial Arbitration 239

Stephen J. Ware- Lasting Lessons from Mentschikoff's Commercial Arbitration 244

Article 3.3.

Panacea or Corporate Tool?: Debunking the Supreme Court's

Preference for Binding Arbitration (1996) 249Jean

Jill I. Gross- Rethinking the Debunking: On Arbitration Myths, Preferences and Legal Theory 255

Hiro N. Aragaki- The Critical Theory Legacy of Jean Sternlight's Panacea or Corporate Tool? 260

Michael Z. Green- Framing the Debate to Show How Big Guys Insist That Little Guys Arbitrate as a Corporate Tool 264

Jean R. Sternlight- Panacea or Corporate Tool?: The Sequel 268

Article 3.4.

Employment Arbitration: The Repeat Player Effect (1997) 273Lisa

Alexander J.S. Colvin- The River's Source: Empirical Research and Lisa Blomgren Amsler's Employment Arbitration: The Repeat Player Effect 279

Martin H. Malin- Arbitration's Catalyst for Empirical Studies 283

Richard Bales- The Historical Context of Lisa Blomgren Amsler's Empirical Work on Employment Arbitration 287.

Lisa Blomgren Amsler- Why the Haves Come Out Further and Further Ahead: The Repeat Player Effect, Control over Dispute System Design, and Justice 290

PART 4. DISPUTE RESOLUTION PUBLIC POLICY

Article 4.1.

Why the "Haves" Come Out Ahead: Speculations on the Limits of

Legal Change (1974) 297Marc

John Lande- For Pragmatic Romanticism in Law and Dispute Resolution: Reflections on Galanter's Remarkably Realistic Analysis of Why the Have- Nots Come Out Behind 303

Dwight Golann- A Prescient Warning of the Vulnerabilities in ADR 308

Cynthia Alkon- Galanter's Analysis of the "Limits of Legal Change" as Applied to Criminal Cases and Reform 312

Marc Galanter- Reflections on Why the "Haves" Come Out Ahead 317

Article 4.2.

Varieties of Dispute Processing (1976) 321Frank

Donna Shestowsky- How Useful Is Court ADR If Litigants (Still) Don't Know about It? 327

Lydia Nussbaum- Dispute Processing beyond the Courts: New Complexity, Old Problems 332

Deborah Thompson Eisenberg- Frank Sander: Father of Court- based Dispute Resolution 337

Yael Efron- Varieties of Dispute Processing: The Implications on Legal Education 342

Article 4.3.

Against Settlement (1984) 347Owen

Amy J. Cohen- ADR and Public Values Again 351

Ellen Waldman- What Against Settlement Got Right 355

Adam S. Zimmerman- From Mass Adjudication to Settlement and Back 360

Marjorie Corman Aaron- The Haunting Specter of Fiss's Against Settlement 365

Article 4.4.

Pursuing Settlement in an Adversary Culture: A Tale of Innovation

Co- Opted or "The Law of ADR" (1991) 371Carrie

Ellen E. Deason- Dimensions of Quality of Justice 377

Elayne E. Greenberg- ADR's Place at the Justice Table 382

James Coben- Foundational Because Prescient (and Unfortunately, Cassandra- like Prescience) 387.

Carrie Menkel- Meadow- Institutionalizing ADR: Clashing Values 391

Commenter Biographies 397.

Notes:

Also issued in print: 2021.

Includes bibliographical references.

Description based on print version record.

ISBN:

0-19-751326-3

0-19-751327-1

0-19-751325-5

OCLC:

1244257502