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Discussions in Dispute Resolution: The Coming of Age (2000-2009)

Discussions in Dispute Resolution: The Coming of Age (2000-2009)

          
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About the Book

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.

Table of Contents:
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 & 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


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Product Details
  • ISBN-13: 9780197784518
  • Publisher: Oxford University Press Inc
  • Publisher Imprint: Oxford University Press Inc
  • Height: 213 mm
  • No of Pages: 504
  • Spine Width: 46 mm
  • Weight: 839 gr
  • ISBN-10: 0197784518
  • Publisher Date: 28 Nov 2025
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Sub Title: The Coming of Age (2000-2009)
  • Width: 157 mm


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