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.
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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
Soft copy vs. hard copy
You may order this role simulation in either soft copy (electronic) or hard copy (paper) format. If you select the soft copy option, you will receive an e-mail with a URL (website address) from which you may download an electronic file in Adobe Acrobat PDF format. You are then permitted to view the document on your computer and either print the number of copies you purchased, or forward the electronic file as many times as the number of copies you purchased. You will only receive a link to one electronic file per document. So, if you order 25 soft copies, you may either forward copies of the link to 25 people via e-mail, or print (and/or photocopy) 25 hard copies of the document.
If you select the hard copy option, you will receive paper copies of this role simulation via the shipping method you select.
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For additional information about the soft copy option, please visit our FAQ section, or contact the PON Teaching Negotiation Resource Center at firstname.lastname@example.org or 800-258-4406 (within the U.S.) or 781-966-2751 (outside the U.S.).
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Ordering a single copy for review
If you wish to review the materials for a particular role simulation to decide whether you’d like to use it, then you should order a single Teacher’s Package for that role simulation. A PDF, or soft copy, version of the Teacher’s Package is also available as a free download from the description page of most role simulations and case studies. There is no need to order participant materials as well as a Teacher’s Package, as all Teacher’s Packages include copies of all participant materials. In addition, some Teacher’s Packages (but not all) include additional teaching materials such as teaching notes or overhead masters. Please note that the materials in Teacher’s Packages are for the instructor’s review and reference only, and may not be duplicated for use with participants.
Ordering copies for multiple participants
If you wish to order multiple copies of a role simulation for use in a course or workshop, simply enter the total number of participants in the box next to “Participant Copies.” There is no need to calculate how many of each role is required; the Teaching Negotiation Resource Center will calculate the appropriate numbers of each role to provide, based on the total number of participants. For example, if you wish to order a 2-party role simulation for use with a class of 30 students, you would enter “30” in the box next to “Participant Copies.” You then would receive 15 copies of one role and 15 copies of the other role, for use with your 30 participants. As another example, if you ordered 30 participant copies of a 6-party role simulation, you would receive 5 copies of each role.
In the event that the number of participant copies you order is not evenly divisible by the number of roles in the simulation, you will receive extra copies of one or more roles. Participants receiving the extra roles may partner with other participants playing the same role, thus negotiating as a team. So, for instance, if you ordered 31 copies of a 2-party role simulation, you would receive 15 copies of the first role and 16 copies of the second role. One of the participants playing the second role would partner with another participant playing that same role, and the two would negotiate as a team.