Winner, National Institute for Advanced Conflict Resolution's 2005 Book Award –
A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes
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–are among the most prominent 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 is organized into four cogent sections: Understanding Disputants, Understanding Disputes and Dispute Contexts, Understanding Dispute Resolution Processes, and Emerging Issues in Dispute Resolution. Section One (Understanding Disputants) explores how personality factors, emotions, concerns about identity, relationship dynamics, gender and cultural differences, and perceptions contribute to the escalation of disputes. Section Two (Understanding Disputes and Dispute Contexts) focuses on various aspects of disputes, including value creation opportunities, agency issues, organizational influences, ethical considerations, the role of law, and decision tools. Section Three provides a comprehensive summary of the primary dispute resolution processes: negotiation, mediation, arbitration, litigation, consensus building, and integrated conflict management systems, along with a discussion of how to select the appropriate procedure. The final section explores emerging issues in dispute resolution, including dispute resolution strategies for organizational leadership, online and international dispute resolution, victim-offender mediation, youth dispute resolution education, institutionalization and professionalization of dispute resolution, and new directions and challenges.
Click HERE to view full table of contents
Michael L. Moffitt is an assistant 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 and the deputy director of the Harvard Negotiation Research Project at Harvard Law School.
"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 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
"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
Handbook of Dispute Resolution (The) Attributes
|Michael L. Moffitt and Robert C. Bordone, eds.
|Program on Negotiation / Jossey-Bass, 2005