Conflict diagnosis and alternative dispute resolution (1st ed )

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.

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.