The Handbook of Dispute Resolution - Hardcover

by Michael L. Moffitt (Editor), Robert C. Bordone (Editor)

This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

Front Jacket

This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The book's contributors draw from a wide range of academic disciplines and represent many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman.

The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

The book looks closely at the structure of disputes and dispute contexts, offers advice for creating value in disputes, using agents, and explores settlement through tools such as decision analysis. The information on law, ethics, and organizational dynamics offers particular insights into the ways that disputes are shaped by factors beyond the parties themselves. The book also contains a comprehensive review of a wide range of available dispute resolution processes. Chapters on negotiation, mediation, arbitration, litigation, and consensus building serve as perfect introductions to the field and as useful syntheses for experienced practitioners.

Finally, the book explores the topics that are likely to be at the center of dispute resolution in the coming decades. Disputes now commonly arise or are resolved online, in transboundary settings, or in other nontraditional contexts. The Handbook concludes with a glimpse of the future: What will dispute resolution look like over the next thirty years?

Published as part of a special series with the Program on Negotiation at Harvard Law School, The Handbook of Dispute Resolution offers the most complete and authoritative synthesis of the field available.

Back Jacket

Praise for The Handbook of Dispute Resolution

"This is the best guide I know on dispute resolution. Everyone interested in the field should have a copy on hand."
--Roger Fisher, coauthor, Getting to YES: Negotiating Agreement Without Giving In; director, Harvard Negotiation Project; and Williston Professor of Law Emeritus, Harvard Law School

"This wide-ranging, stimulating, and eminently practical collection both reflects and advances the best thinking on alternative dispute resolution. Essays by ADR pioneers and a new generation of scholars provide a comprehensive introduction for students and practitioners new to the field, yet also offer veteran teachers and mediators concise applications of groundbreaking research. In this fractious and divisive age, The Handbook of Dispute Resolution is an especially welcome and hopeful contribution to society overall."
--Michael Wheeler, Class of 1952 Professor of Management Practice, Harvard Business School

"From the historic foundations of dispute resolution, to personality and the behavior of disputants, to the effects of globalization on the successful resolution of transborder disputes, this remarkable and thought-provoking compilation of scholarly work and practical observations is a must-read for students and practitioners of conflict resolution. This handbook adds immeasurably to our understanding of the ways in which people fight and the circumstances by which peaceful resolution can be achieved. In today's world, no set of insights is more valuable."
--Ambassador Charlene Barshefsky, senior international partner, Wilmer Cutler Pickering Hale & Dorr, LLP; former U.S. trade representative and presidential cabinet member

"The advice in this book captures in an accessible way much of the wisdom that I've acquired from years of negotiating in the entertainment industry. Here are the gems that really work to move others to want to say 'yes.'"
--Marshall M. Silverman, vice president and senior motion picture production counsel, Warner Brothers Pictures, Inc.

"Mediators, lawyers, diplomats--indeed anyone concerned with dispute resolution--will discover in this handbook a helpful distillation of what scholars and experienced practitioners know about conflicts."
--Robert H. Mnookin, Williston Professor of Law, Harvard Law School; chair, executive committee, Program on Negotiation at Harvard Law School; director, Harvard Negotiation Research Project, Harvard Law School

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Author Biography

Michael L. Moffitt is an associate professor and the associate director of the Appropriate Dispute Resolution Program at the University of Oregon School of Law.

Robert C. Bordone is the Thaddeus R. Beal Lecturer on Law at Harvard Law School and the deputy director of the Harvard Negotiation Research Project at Harvard Law School.