NCJ Number
94850
Date Published
1984
Length
199 pages
Annotation
This book provides advice on settling various types of disputes out of court through negotiation, arbitration, and mediation.
Abstract
The book initially cites the emotional, time, and financial costs of prolonged litigation and advises a strategy that will resolve disputes out of court. Crucial to this strategy is the selection of a lawyer who will use techniques designed to achieve a prompt and effective out-of-court settlement. The selection and functions of such a lawyer are discussed. A description of how to force a fair out-of-court settlement focuses on starting the bargaining, selecting the chief negotiator, using a bargaining agent, and the diplomacy of bargaining. Advice also covers designing a plan of action, securing accurate information, using professional or trade associations, and conducting mediation. Suggestions are offered for settling the most common disputes: family dissension, marital separation terms, personal injury claims, debt collection, fee disputes, and construction disputes. Separate chapters explore techniques for resolving business and labor-management disputes. A discussion of modern techniques of dispute resolution addresses new ways to communicate disputed facts and voluntary review systems. The final chapter discusses the creation and control of group power, which is often the key to conflict resolution.