Alternative Dispute Resolution: The Advocate's Perspective

This book is designed for use in a one-semester course that focuses on the group of alternative dispute resolution procedures. This new edition features new and expanded treatment of mediation. The main highlights of this new edition include:

• –Expanded treatment of mediation confidentiality, including recent cases and hypotheticals that make this important area more teachable;

• –Expanded treatment of the enforcement of agreements to mediate, including newer cases that articulate the difficult issues raised by enforcement questions;

• –New material and cases on court-annexed mediation, including cases dealing with confidentiality rules in court-connected mediation and materials that critique the styles used by judges and other professionals who mediate pending cases; and

• –Inclusion of new arbitration material including cases dealing with unconscionability and class action arbitration.

As was true with prior editions of the book, the authors of Alternative Dispute Resolution use the case method to present arbitration and mediation materials. Negotiation material is presented in a textual style that necessarily eschews cases.