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Mastering Mediation: Conflict, Bias, Risk and Legal
Negotiations. Edition No. 1
VDM Publishing House, April 2009, Pages: 268
Fed up with the expense and slow pace of civil
litigation, corporate
and individual disputants alike are increasingly
turning to various
forms of Alternative Dispute Resolution to help
redress their
grievances. ADR is a broad construct, encompassing
mediation,
arbitration, and any other form of formalized dispute
resolution
except litigation. Congress recently required the
federal district
courts to drastically expand their use of ADR, and
more and
more law firms are turning to ADR as a cost-effective
alternative to
litigation. Nonetheless, in many ways, ADR's
effectiveness remains
largely untested. This dissertation maps out an
approach to civil
dispute resolution that identifies and manages
disputants' non-
rational, covert motives and interests involved
without resorting to
litigation. It is particularly concerned with three
related areas of
inquiry. First, it aims to identify and address
disputants’ true needs
and goals. Second, it examines bias and irrational
thinking, and
looks at the ways in which these factors may impede
negotiations.
Finally, it proposes a new strategic approach to
mediation that
bolsters both its effectiveness and efficiency.
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