Dispute Processing and Conflict Resolution

Carrie Menkel-Meadow, Georgetown University and University of California, USA.

Contents: Introduction. History and Theoretical Forebears: The Purposes and Sources of Process Pluralism: Mothers and fathers of invention; the intellectual founders of ADR; Legal negotiation: a study of strategies in search of a theory. Foundational Processes of Dispute Resolution: Toward another view of legal negotiation: the structure of problem solving; The many ways of mediation: the transformation of traditions, ideologies, paradigms and practices. Uses and Abuses of Dispute Resolution Processes: For and against settlement: uses and abuses of the mandatory settlement conference; Pursuing settlement in an adversary culture: a tale of innovation co-opted or 'the law of ADR'; Lawyer negotiations: theories and realities - what we learn from mediation. Conflicts about Conflict Resolution: Philosophical and Policy Issues in Dispute Resolution: When dispute resolution begets disputes of its own: conflicts among dispute professionals. Ethical Issues in Dispute Processing: Ethics and professionalism in non-adversarial lawyering; Ethics in ADR representation: a road map of critical issues. The Future of Dispute Processing: Creativity, Problem Solving and Complex, Multi-Party Disputes: Aha? Is creativity possible in legal problem solving and teachable in legal education?; When litigation is not the only way: consensus building and mediation as public interest lawyering; Practicing 'In the Interests of Justice' in the 21st century: pursuing peace as justice; Name index.