Conflict Diagnosis and Alternative Dispute Resolution

Conflict Diagnosis and Alternative Dispute Resolution

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Description

Now in paperback, this book addresses the rapidly evolving field of Alternative Dispute Resolution in a manner ahead of its time. Taking a cross-disciplinary approach, it explains the cognitive, social, organizational and developmental psychology theories that influence ADR and its approaches. From mediation to arbitration to hybrid processes, it helps students understand the strengths and weaknesses of the many varieties of ADR, and why various approaches succeed or fail. This edition includes streamlined coverage of conflict diagnosis, increased treatment of non-adversarial, facilitative forms of dispute resolution, and the latest legal and ethical trends impacting the field.show more

Product details

  • Hardback | 672 pages
  • 213.4 x 256.5 x 29.2mm | 1,437.9g
  • Pearson Education (US)
  • Prentice Hall
  • Upper Saddle River, United States
  • English
  • 0130981095
  • 9780130981097

About Laurie S. Coltri

Laurie S. Coltri was born and raised in Los Angeles, California. She received her bachelor's degree in English from the California Institute of Technology, in Pasadena, California, in 1974. Thereafter, she attended law school at the University of Southern California, graduating with a J. D. in 1979. After several years of general law practice specializing in complex case preparation and legal research and writing, Coltri and her legal advocacy career came to a parting of the ways. In the early 1980s, after moving to Maryland, she began taking courses in the mediation of divorces. After a year of graduate work, she received a graduate concentration in divorce mediation from the University of Maryland at College Park, and began one of the earliest private mediation practices in the state. She mediated virtually the first court-referred child custody case in the Maryland trial courts in the mid-1980s, and directed a telephone-based visitation mediation service for the Prince George's County Department of Child Support Enforcement. Returning to graduate school, Coltri received her doctorate in Human Development from the University of Maryland, College Park, in 1995. Her graduate work focused on the resolution of conflict and the impact of dispute resolution processes on individual development. Since 1996, Dr. Coltri, an Associate Professor, has taught for the University of Maryland, University College, in its highly regarded Legal Studies program. She has received the university's Teaching Recognition Award for her work and has published several articles and book chapters in the field of Alternative Dispute Resolution. Dr. Coltri shares a home in Columbia, Maryland, with her husband, Alan; their daughters, Julia and Robin, born in 1990 and 1994; and an assortment of slightly offbeat animal companions.show more

Table of contents

I. INTRODUCTION. 1. Basic Definitions. 2. Dispute Resolution Processes: An Introduction. 3. Of Artisans, Invisible Veils and Philosophical Maps: Our Preconceptions About Conflict and How They Short-Change Us. 4. Conflict Diagnosis. 5. Recurrent Themes in Conflict Diagnosis. II. THE STEPS OF CONFLICT DIAGNOSIS. 6. Step 1: Describe the Conflict. 7. Step 2: Identify the Sources of the Conflict. 8. Step 3: Perform an Interests Analysis. 9. Step 4: Assess the Character of the Conflict as Constructive or Destructive. 10. Step 5: Assess the Levels of Trust and Development Strategies to Increase or Preserve It. 11. Step 6: Assess the Impediments to Resolving the Conflict. 12. Step 7: Assess the Negotiation Styles and Practices of the Participants. 13. Step 8: Assess Power and Alternatives to a Negotiated Agreement. 14. Step 9: Consider Diversity Issues at Play in the Conflict. PART III. ALTERNATIVE DISPUTE RESOLUTION PROCESSES. 15. Mediations: An Introduction. 16. Understanding the Advantages and Disadvantages of Mediation. 17. The Process of Mediation. 18. The Law and Ethics of Mediation. 19. Arbitration. 20. Nonbinding Evaluation. 21. Mixed, Hybrid, and Multimodal Dispute Resolution Processes. IV. PUTTING IT ALL TOGETHER. 22. Power Tools and Magic Keys: Using Conflict Diagnosis to Manage Legal Disputes and Select ADR Processes. Appendix A: Is Conflict Diagnosis Necessary? Appendix B: Using Conflict Diagnosis. Appendix C: In Search of Magic Keys to Resolving Conflict.show more

Review quote

"This is not just a lawyer's text. The book is great for students who want to learn the different angles and skills needed for effective conflict resolution." -- Otis Grant, Indiana University "[The chapter on arbitration] discusses the varieties of arbitration along with comparisons to other methods of dispute resolution already discussed, allowing the student to move from known material to unknown material in a logical manner." -- Linda Cabral Marrero, Mercy College "Students will enjoy the author's writing style." -- David J. White, SMSU-West Plainsshow more

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7 ratings
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2 14% (1)
1 14% (1)
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