Discussions in Dispute Resolution (eBook, PDF)

The Coming of Age (2000-2009)
Redaktion: Hinshaw, Art; Cole, Sarah Rudolph; Schneider, Andrea Kupfer

• Format: PDF

Produktbeschreibung

The U.S. judicial system is not merely a system of trials but a system of alternative means to resolution. Highlighting dispute resolution scholarship emphasizes the diverse ways of thinking available for resolving conflicts beyond traditional trials. In their first volume, Discussions in Dispute Resolution: The Foundational Articles (OUP 2021), the authors celebrated the field's foundational writings and reflected on what makes those pieces so significant. In this second volume, Discussions in Dispute Resolution: The Coming of Age (2000-2009), they focus on the 16 most significant and influential articles on U.S. dispute resolution during its golden age of extraordinary growth. These articles shaped legal thinking about how the judicial system outsources the resolution of civil claims. The heart of the book consists of short excerpts from these significant pieces, distilling them to their core ideas: the concepts, phrases, or findings that made them noteworthy. Four leading dispute resolution scholars (sometimes including the original author) then engage with different aspects of the articles' ideas, recognizing their prescience and critiquing them where appropriate to answer the question: Why is this a significant work in the field? By highlighting these influential works, the authors bring a fresh perspective, challenge them with the benefit of hindsight, engage with themes discussed in the first volume (such as disputant autonomy, access to justice, equal justice, changing views of legal and legalistic processes, and systemic impacts on processes and disputants), and compare the challenges of this era to those of the founding era.

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Produktdetails

• Verlag: OUP eBook
• Seitenzahl: 504
• Erscheinungstermin: 3. September 2025
• Englisch
• ISBN-13: 9780197784525
• Artikelnr.: 75230648

Autorenporträt

Art Hinshaw is the Associate Dean for Experiential Learning, the John J. Bouma Fellow in Alternative Dispute Resolution, and a Clinical Professor of Law at the Sandra Day O'Connor College of Law, Arizona State University. Dean Hinshaw is the founding director of the Lodestar Dispute Resolution Center, and his work has resulted in four books, 25 articles and book chapters, and four prestigious awards from the International Institute for Conflict Prevention and Resolution. Currently, he is a co-chair of the editorial board for the ABA's Dispute Resolution Magazine and a regular contributor to Indisputably, the ADR law professor blog. Andrea Kupfer Schneider is a professor of law and director of the Kukin Program for Conflict Resolution at Cardozo School of Law. Professor Schneider has published numerous textbooks, book chapters, and articles on negotiation, plea bargaining, negotiation pedagogy, ethics, gender, and international conflict. In 2024, Professor Schneider received the Rubin Theory to Practice Award given by the International Association of Conflict Management (IACM) and the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work in 2017. She is a founding editor of Indisputably, the blog for ADR law faculty, and started the Dispute Resolution Works-in-Progress annual conferences in 2007. In 2016, she gave her first TEDx talk titled "Women Don't Negotiate and Other Similar Nonsense." Sarah Rudolph Cole is the Michael E. Moritz Chair in Alternative Dispute Resolution at the Moritz College of Law, Ohio State University. Professor Cole has authored numerous books and articles on dispute resolution. In 2013, she received the Ohio State Alumni Award for Distinguished Teaching, and in 2024, she won the University of Puget Sound's Distinguished Alumni Award for Lifetime Professional Achievement. In 2022, Professor Cole won CPR's Outstanding Professional Article Award and, along with her co-authors on the first volume of this book, won the CPR Outstanding Book Award. In 2023, she received the ABA Section on Dispute Resolution's Outstanding Scholarly Work Award.

Inhaltsangabe

* Introduction * PART 1: INTERVIEWING AND COUNSELING * Article 1.1: Good Lawyers Should Be Good Psychologists: Insights for Interviewing and Counseling Clients (2008)
Jean R. Sternlight and Jennifer K. Robbennolt * Comments: * Erin Archerd
(Ir)rational Thinking and the Law * Gilat Bachar
More (Than) Just Lawyering * Lauren Newell
Interviewing and Counseling with Gen Z * Jean R. Sternlight and Jennifer K. Robbennolt
Maybe We Can Fill That Glass * PART 2: NEGOTIATION * Article 2.1: When People are the Means: Negotiating with Respect (2001)
Jonathan R. Cohen * Comments: * Jennifer Brown
"Respect" in Negotiation (and Other Persuasive Relationships) * Noam Ebner
Big
E Ethics and little
e ethics in Negotiation * Jennifer Reynolds
More Meta, More Problems * Jonathan R. Cohen
The Ethical Duty to Listen and Consider * Article 2.2: Aspirations and Settlement (2002)
Russell Korobkin * Comments: * Michael Colatrella
The Complexity of High Aspirations * Noam Ebner
Embracing Messiness in Negotiation Theory * Rebecca Hollander
Blumoff
Modeling Hope: Economic Aspirations in Negotiation * Russell Korobkin
Aspirations in Negotiation: Descriptive and Prescriptive * Article 2.3: Shattering Negotiation Myths: Empirical Evidence on the Effectiveness of Negotiation Style (2002)
Andrea Kupfer Schneider * Comments: * Cynthia Alkon
Shattering Negotiation Myths and Building New Foundations * Alyson Carrel
Shaping the Future of Law Starting by Shattering Negotiation Myths * Katrina Lee
Enduring Impact: Portrait of the Effective Lawyer Negotiator * Andrea Kupfer Schneider
Was Getting to Yes Getting it Right? * Article 2.4: Apologies and Legal Settlement: An Empirical Examination (2003)
Jennifer K. Robbennolt * Comments: * Jacqueline N. Font
Guzmán
The Power of Apologies and the Pursuit of Justice... * Dwight Golann
Do Apologies Matter in Civil Litigation? And If They Do, Why Are They So Rare? * Oladeji M. Tiamiyu
Robbennolt's Analysis of the Contextual Role and Value of Apologies in Legal Settlement * Jennifer K. Robbennolt
Developing an Empirical Understanding of Apologies in Law * PART 3: MEDIATION * Article 3.1: Making Deals in Court
Connected Mediation: What's Justice Got To Do with It (2001)
Nancy A. Welsh * Comments: * Hiro Aragaki
Making It Real * Deborah Thompson Eisenberg
Mediation and Procedural Justice: Where Are We Now? * Jacqueline Nolan
Haley
Revisiting Deals and Justice in Court
Connected Mediation * Nancy A. Welsh
Procedural Justice and Settlement * Article 3.2: Court
Connected Mediation in General Civil Cases: What We Know from Empirical Research (2002)
Roselle L. Wissler * Comments: * Lydia Nussbaum
Empiricism Undaunted * Peter R. Reilly
Insights from a Dispute Resolution Empiricist: Preparation, Fairness, and Party Empowerment in Mediation * Rachel A. Viscomi
A Mirror to Help Us Improve: Reflecting on Roselle Wissler's Court
Connected Mediation in General Civil Cases: What We Know from Empirical Research * Roselle L. Wissler
We Have More to Learn About Mediation from Empirical Research * Article 3.3: Suing Mediators (2003)
Michael Moffitt * Comments: * Rishi Batra
Suing Mediators
A Lack of Liability Hurts Us All * Sharon Press
Revisiting Suing Mediators * Omer Shapira
The Significance of Suing Mediators * Michael Moffitt
Twenty Years After Suing Mediators * Article 3.4: Disputing Irony: A Systematic Look at Litigation about Mediation (2006)
James R. Coben and Peter N. Thompson * Comments: * Ellen E. Deason
Praise (and Gentle Criticism) for Using U.S. Litigation Statistics to Praise (and Gently Criticize) Domestic and International Mediation Policy Choices * Art Hinshaw
Is Litigation about Mediation Ironic? * Andrew Mamo
Embracing Irony * James R. Coben and Peter N. Thompson
Disputing Irony Revisited * PART 4: ARBITRATION * Article 4.1: Managerial Litigants? The Overlooked Problem of Party Autonomy in Dispute Resolution (2000)
Sarah Rudolph Cole * Comments: * Carli Conklin
Enduring Questions of Authority, Integrity, Consistency, and Predictability in Judicial Review of Arbitral Awards * Brian Farkas
The Heart of It: Dispute Resolution's Private
Public Tension * Rafael Gely
A Dispute Systems Design Perspective on Managerial Litigants? The Overlooked Problem of Party Autonomy in Dispute Resolution * Sarah Rudolph Cole
How Should Courts Review Managerial Litigants' Procedural Rulemaking? * Article 4.2: As Mandatory Binding Arbitration Meets the Class Action, Will the Class Action Survive? (2000)
Jean R. Sternlight * Comments: * Richard Bales
The Lasting Significance of Jean Sternlight's 2000 Article in Contemporary Dispute Resolution * Alexander J.S. Colvin
When Mandatory Binding Arbitration Met the Class Action: Why We Were Right to Worry * Maureen A. Weston
Strategic Shifts: The Corporate Playbook on Arbitration, Class Actions, Mass Arbitration, and Privatized Justice * Jean R. Sternlight
What Happens When King Kong Meets Godzilla?: Using Mandatory Arbitration Clauses to Eliminate Class Actions * Article 4.3: Saturns for Rickshaws: The Stakes in the Debate Over Predispute Employment Arbitration Agreements (2001)
Samuel Estreicher * Comments: * Michael Z. Green
The Brilliance of Explaining Mandatory Arbitration as a Choice Between Saturns and Rickshaws * E. Gary Spitko
Employment Arbitration Heresies * W. Mark C. Weidemaier
What Cars Should be Allowed on the Road? * Samuel Estreicher
Employment Arbitration: Towards a Hearing on the Merits for Most Americans * Article 4.4: In Defense of Southland: Reexamining the Legislative History of the Federal Arbitration Act (2002)
Christopher R. Drahozal * Comments: * Jill I. Gross
The Danger of Binary Thinking: Drahozal on Southland * Imre Stephen Szalai
The Real Southland Decision: Drahozal's Trailblazing Article * Stephen J. Ware
Drahozal's Defense of Southland * Christopher R. Drahozal
In Defense of Southland: Arbitration Law, Federalism, and Legal Scholarship * PART 5: SYSTEMIC ISSUES * Article 5.1: Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering (2003)
John Lande * Comments: * Debra Berman
Collaborative Law: Questioning a Novel Process * Kristen M. Blankley
Ethical Alarm Bells Surrounding Collaborative Law Lead to Solid Foundation for Practice * Kelly Browe Olson
Collaborative Law and IPV Concerns * John Lande
Possibilities for Early Dispute Resolution * Article 5.2: The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts (2004)
Mark Galanter * Comments: * Lisa Blomgren Amsler
Galanter's Systemic Analysis of How Repeat Players Reduced Trials * Yael Efron
The Effects of Marc Galanter's Worldwide Legacy on Legal Practice, Scholarship, Education, and Society * Sheila Heen
Marc Galanter: Everything, Everywhere, All at Once * John Lande
The Phenomenon Known as The Vanishing Trial * Article 5.3: An Analytic Framework for Dispute Systems Design (2009)
Stephanie Smith and Janet Martinez * Comments: * Grande Lum
Don't Just Love the Playa, Love the Game: Appreciating An Analytic Framework for Dispute Systems Design * Carrie Menkel
Meadow
A Systematic Approach to Dispute Systems Design: Commentary on An Analytic Framework for Dispute Systems Design * Guillermo Garcia Sanchez
Global Impact and Legacy: Smith and Martinez' Framework for International Dispute System Design * Stephanie Smith and Janet Martinez
Dispute System Design: Where We've Come From and Where We're Heading * Conclusion