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The burgeoning of court litigation and the resulting logjams in the judicial system have spawned new ways for attorneys and their clients to resolve disputes quickly and at a lower cost. Alternative dispute resolution is one important way of doing this. Editors Nagel and Mills, along with their contributors, explore the theory and practice of this technique. They demonstrate how to clarify, understand and develop the various options available under alternative dispute resolution, and how to evaluate the probable outcomes. Among the tools available to facilitate dispute resolution are microcomputer-based, rule-based expert systems and, for specific fields of dispute, decision-aiding software.
The editors delineate several ways in which participants in a dispute win or lose. The most desirable are the super-optimum solutions in which all sides come out ahead of their best expectations. They point out that win-win solutions are not as desirable as would seem at first glance since parties only come out ahead relative to their worst expectations. Subject matter for resolution methods include disputes involving family members, neighborhoods, merchants-consumer, management-labor, legislation and foreign countries. Scholars, lawyers and policy-makers will find this book a valuable resource.
Sommario
Introduction
Classifying DisputesBroadening the Applicability of Multi-Criteria Dispute Resolution
A Typological Approach to Multiple-Criteria Conflict Analysis
Family and Neighborhood DisputesDispute Resolution Education, Training, and Critical Issues for Criminal Justice Professionals
Options for Dispute Resolution in the Public Decision Processes on Urban Land Development
Litigation DisputesMerging of Minds and Microcomputers: the Coming Age of Computer-Aided Mediation of Court Cases
Legal Rules, Bargaining, and Transactions Costs: the Case of Divorce
Policy-Making DisputesReducing Risk Conflict by Regulatory Negotiation: a Preliminary Evaluation
Dimensions of Negotiated Rule-Making: Practical Constraints and Theoretical Implications
International DisputesThe Use of Simulation in International Negotiations
The Cambodian Peace Process: An Options Analysis
Improving Systematic Analysis with Math and Decision-Aiding SoftwareDecision-Aiding Software and Alternative Dispute Resolution
Sequential Arbitration Procedures Dynamic versus Static Models of ADR
Dispute Resolution in Economic and Political TheoryAlternative Dispute Resolution in the United States: No Roses without Thorns
Dispute Resolution and Democratic Theory
Select Bibliography
Indexes
Info autore
STUART S. NAGEL, a Professor of Political Science at the University of Illinois, is Secretary-Treasurer and Publications Coordinator of the Policy Studies Organization.
MIRIAM K. MILLS is Professor of Organizational Science at The School of Industrial Management of the New Jersey Institute of Technology. Previously, she was the Director of Manpower and Labor Relations of Jersey City Medical Center, New Jersey. A frequent contributor to various journals, she has coauthored Evaluation Analysis with Microcomputers and coedited Biomedical Technology and Public Policy. Dr. Mills is also an arbitrator-mediator with the Federal Mediation and Conciliation Service and other labor panels.
