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About the Book

Resolving Disputes: Theory, Practice, and Law 3E

Front Cover - Resolving Disputes: Theory, Practice, and Law 3E

Third Edition


Jay Folberg
University of San Francisco

Dwight Golann
Suffolk University

Thomas J. Stipanowich
Pepperdine University
Straus Institute for Dispute Resolution

Lisa A. Kloppenberg
Santa Clara University School of Law

2016. 912 pages. ISBN: 978-1-4548-3874-6.

About the Book

Resolving Disputes: Theory, Practice, and Law, Third Edition, features a logical four-part organization that covers negotiation, mediation, arbitration, and hybrid approaches, which prepares law students to represent clients in all forms of alternative dispute resolution. Drawing on the authors’ decades of experience as teachers, neutrals, and ADR trainers, this casebook provides vivid examples presented from headline cases, literature, and the authors’ files. In addition, it offers excerpts from other leading authors so that diverse ideas are juxtaposed on major issues. The text integrates coverage of law, ethics, and practice and interesting notes, thoughtful problems and provocative questions throughout the text illustrate the role of the attorney, the perspective of the client and practical challenges. 

Key Features:

  • Retains the same popular format as previous editions while incorporating user recommendations.
  • Updated and new excerpts from leading experts presenting different views on challenging topics.
  • Fresh notes and examples from actual cases.
  • Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science.
  • A single chapter now contrasts commercial, no-caucus and transformative mediation techniques
  • Completely revised arbitration section, features interesting new material and engaging exercises.
  • Presents practical information on drafting arbitration agreements, selecting arbitrators, and procedures.
  • Recent legislative and judicial developments in arbitration law, award enforcement, and fairness issues.
  • New treatment of hybrid ADR and dispute systems design.

Preface / Sample Chapters