Mastering Mediation: Conflict, Bias, Risk and Legal Negotiations - Couverture souple

Kutinsky, Joshua

 
9783639145229: Mastering Mediation: Conflict, Bias, Risk and Legal Negotiations
Couverture souple
ISBN 10 : 3639145224 ISBN 13 : 9783639145229
Editeur : VDM Verlag, 2009

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.

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Présentation de l'éditeur

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.

Biographie de l'auteur

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.

Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.

Éditeur
VDM Verlag
Date d'édition
2009
Langue
anglais
ISBN 10 
3639145224
ISBN 13 
9783639145229
Reliure
Broché
Nombre de pages
268
Coordonnées du fabricant
non disponible
Personne responsable
non disponible