Alternative Methods of Dispute Resolution

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9780766821101: Alternative Methods of Dispute Resolution

This text offers a functional approach to dispute resolution with its array of interrelated processes. Students learn distinguishing factors, advantages and disadvantages of each process, and how to select one process over another to create dispute resolution strategies. Part I introduces methods of dispute resolution and the participants. Parts II through VI consider different dispute resolution processes, grouping methods of each process by purpose and participation, advancing from the least technical to the most technical process. Part VII explores a dispute resolution strategy. Chapters are arranged to facilitate instruction, as each process has its own chapter. Chapter concepts are illustrated by examples, and examples are followed by problems, giving students opportunities to find solutions and develop their reasoning skills as they apply each concept. Every process chapter ends with a chart that outlines the attributes of that process, and follows with review questions that include new terms, true/false, fill-in the blank, multiple-choice, and short answer formats. Chapters on negotiation, mediation, and arbitration offer role play exercises that can be conducted during or out of class. Judicial options explore more difficult concepts, showing students how the courts handle dispute resolution issues when the outcome is not certain. A number of Web sites have also been cited throughout the text so students can conduct further research, and the glossary and extensive index provide quick references. An Instructor's Manual includes suggestions for developing a course syllabus for courses of varying credit hours, answers to the problems in the text, and answers to the review questions at the end of each chapter.

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About the Author:

Martin A. Frey, BSME, JD, LLM,is a Professor Emeritus at The University of Tulsa, Tulsa, Oklahoma, Senior Adjunct Settlement Judge for the United States District and Bankruptcy Courts for the Northern Districts of Oklahoma, and was the Reporter for the Civil Justice Reform Act Advisory Group for the United States District Court for the Northern District of Oklahoma. He was a professor at Drake and Texas Tech Universities and a visiting professor at the University of Maine, Washington University (St. Louis), the University of Alabama, Wake Forest University, Stetson University, and Florida International University. When teaching, Professor Frey served on a number of site visitation teams for the Section on Accreditation and Admission to the Bar of the American Bar Association. Professor Frey currently volunteers with the Financial Crimes Unit of the Tulsa Police Department. He is the author or co-author of "The Little Black Book, A Do-It Yourself Guide for Law School Competitions" (Carolina Academic Press, 2002); "Alternative Methods of Dispute Resolution" (Delmar Learning Thomson, 2003); "Introduction to the Law of Contracts, 4th Edition (Delmar Cengage Learning, 2008); "Introduction to Bankruptcy Law, 6th Edition (Delmar Cengage Learning, 2013); and "Essentials of Contract Law," 2nd Edition (Cengage Learning, 2015).

Review:

Chapter 1: The Methods of Dispute Resolution. Chapter 2: The Participants. Chapter 3: Inaction. Chapter 4: Acquiescence. Chapter 5: Self-Help. Chapter 6: Negotiation. Chapter 7: Early Neutral Evaluation. Chapter 8: Summary Jury Trial. Chapter 9: Ombudsmanship. Chapter 10: Private Mediation. Chapter 11: Court-Sponsored Mediation. Chapter 12: Mini-Trial. Chapter 13: Private Arbitration. Chapter 14: Court-Annexed Arbitration. Chapter 15: Mediation/Arbitration. Chapter 16: Litigation. Chapter 17: Private Judging. Chapter 18: Selecting A Dispute Resolution Process before The Dispute Arises. Chapter 19: Selecting A Dispute Resolution Process after The Dispute Arises. Appendix A. Appendix B. Appendix C. Appendix D. Appendix E. Appendix F. Appendix G. Appendix H. Appendix I. Appendix J. Glossary. Index.

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