Description

Dispute Resolution Negotiation Mediation Arbitration and Other Processes 7th Edition Goldberg

ISBN: 9781543801088

Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition (ISBN: 9781543801088) offers a comprehensive examination of the three primary alternatives to litigation—negotiation, mediation, and arbitration—while also exploring the legal, practical, and policy issues that arise as these processes are combined, adapted, and applied in new contexts. The casebook moves beyond description to provide critical analysis of how dispute resolution processes function in practice and how lawyers can use them effectively on behalf of clients.

The text challenges students not only to understand existing dispute resolution mechanisms, but also to think creatively about designing new processes when traditional approaches fall short. Through doctrine, problems, and simulations, students develop the legal knowledge and practical skills required of modern lawyers who represent clients across the full spectrum of dispute resolution settings.

New to the Seventh Edition

• Groundbreaking materials and exercises on legislative negotiation, including causes of—and potential solutions to—Congressional gridlock in negotiating responses to national problems. This is the first law school dispute resolution text to address this topic.
• New negotiation simulations placing students in the roles of members of Congress and state legislators.
• Expanded coverage of online dispute resolution (ODR) and emerging digital processes.
• Broader treatment of dispute systems design, including applications to community disputes.
• New materials addressing the mediation privilege, including a structured “debate” on the policy choices underlying the privilege, along with deeper coverage of both the Uniform Mediation Act and the California mediation privilege.
• Inclusion of multiple significant U.S. Supreme Court arbitration decisions, including American Express Co. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems Corp. v. Lewis, examining the vindication-of-rights doctrine, judicial review of class arbitration, and the enforceability of class-action waivers under the NLRA.
• Additional discussion of later Supreme Court arbitration cases, including New Prime Inc. v. Oliveira and Lamps Plus Inc. v. Varela.
• Analysis of the #MeToo movement and its impact on arbitration agreements, confidentiality, and dispute resolution practice.
• Coverage of state and federal legislation addressing arbitration of sexual harassment claims, including the End Forced Arbitration of Sexual Harassment Act.
• A substantial reorganization of the mediation and arbitration chapters to better prepare students for practice. By the time students reach Chapter 8, Representing a Client in ADR (formerly focused solely on mediation), they are equipped to represent clients competently across all ADR processes.

The Seventh Edition emphasizes preparing students for the future of dispute resolution. In addition to learning how ADR addresses existing disputes, students are encouraged to apply ADR tools to newly emerging problems and to design innovative processes tailored to clients’ evolving needs.

Benefits for Professors and Students

• Thorough and systematic coverage that progresses from overview to critical analysis, application, evaluation, and practice
• A distinguished and experienced author team
• A clear, direct, and accessible writing style
• Extensive simulations—both classic and newly developed—paired with questions and exercises throughout
• Opportunities for students to evaluate disputes, prepare strategically, and practice negotiation, mediation, arbitration, and hybrid techniques
• Particularly strong and sustained coverage of mediation, integrated with broader ADR practice

Dispute Resolution Negotiation Mediation Arbitration and Other Processes: ISBN: 9781543801088