Mastering Mediation: Conflict, Bias, Risk and Legal Negotiations: How the psychology of risky choice, inherent bias and conflict resolution can inform . American Alternative Dispute Resolution

Joshua Kutinsky

ISBN 10: 3639145224 / ISBN 13: 9783639145229

Published by VDM Verlag 2009-04-10, 2009

About this Item

Seller Inventory # 6666-IUK-9783639145229

Bibliographic Details

• Title: Mastering Mediation: Conflict, Bias, Risk and Legal Negotiations: How the psychology of risky choice, inherent bias and conflict resolution can inform . American Alternative Dispute Resolution
• Publisher: VDM Verlag 2009-04-10
• Publication Date: 2009
• Language: English
• ISBN 10: 3639145224
• ISBN 13: 9783639145229
• Binding: Paperback
• Condition: New

About this title

Synopsis

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.

About the Author

With doctoral degrees in both law and psychology, Dr. Kutinsky practices law with the firm of Mark F. Seltzer & Associates in Philadelphia, PA. His focus is private disability insurance, impaired physicians and health law practice. Dr. Kutinsky is also an Assistant Professor at Widener University's Institute for Graduate Clinical Psychology.