NCJ Number
99900
Date Published
1985
Length
603 pages
Annotation
This textbook presents an overview of dispute resolution processes, applications, and issues, with an emphasis on the primary processes of negotiation, mediation, and adjudication.
Abstract
The section on negotiation examines verbal behavior of the disputants, the role and characteristics of the negotiator, and professional conduct and ethics in negotiation. The consideration of mediation examines its forms and functions, mediator accountability, and empirical assessment of small claims mediation. The section on adjudication describes the roles of the courts, discusses arbitration in commercial and labor disputes, and details such hybrid processes as the minitrial, final-offer arbitration, factfinding, summary jury trial, and the ombudsman. Selected applications of these processes then are presented. Impediments to alternative dispute resolution also are considered under the headings of funding and institutional structures, standards, evaluation, and integration into the legal process. Nine cases are presented to illustrate some of the problems and issues in dispute resolution practice. Each chapter includes notes, references, and questions. An index and approximately 230 references are provided.