Alternative Dispute Resolution: Skills, Science, and the Law
Alternative dispute resolution, or ADR as it is commonly called, has come to have an enormous influence on disputing practices in North America and beyond. This influence is bound to continue well into the new millennium. It is now, more than ever, necessary to study and be familiar with ADR developments. This book takes you on a journey into the science, skills, and law that make up this exciting new field. Readers will have opportunities to consider the conflicting meanings attributed to ADR and to decide which ones might make most sense for them. The book covers the major disputing processes with an emphasis on negotiation, mediation, and other consensual processes, points to the diverse skills needed to be proficient in ADR, examines the developing law of ADR, shows how ADR may be applied in practical case scenarios, and predicts the factors that will most affect the future development of ADR. While the book is directed primarily to the legal profession--law students, legal academics, practising lawyers, and judges - the content should be of interest to all who seek to better understand or improve their work with disputes.
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B The History of ADR
ADR in Context
The Multidisciplinary Nature of ADR
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achieve action adjudication ADR's adversary system agree alternative dispute resolution arbitration process assess associated BATNA British Columbia Canadian Bar Association cess client codes concerns conflict consensual context costs court criminal culture decision depend dispute processing dispute resolution process divorce economic environmental ethical example family disputes family mediation Getting to Yes goals identify important interest-based bargaining interests involved issues judge judicial justice system knowledge and skills labour lawyers legislation litigation mandatory mediation matter mean mediation process ment methods of dispute mini-trial Mutual gains bargaining negotiated agreement negotiation process negotiation strategy neutral third party non-adversarial offer outcome participants person position power imbalance practice principled negotiation problem procedures professional questions relationship resolve responsibility restorative justice result role rules settle settlement settlement conference social solution Stage structures substantive tactic techniques thinking tion trial understanding values