Arbitration, Negotiation & Mediation Books

Contracts in a Nutshell (In a Nutshell (West Publishing))

Anthony M. Skrocki

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Customer Reviews:
Total reviews: 8 Average rating: 5.0 of 5

Contracts by Schaber 5 out of 5 stars.
9 of 10 people found this review helpful.

The book has an excellent presentation of the theory of contracts. The six main categories are described initially and explained in the ensuing text. These categories consist of:
1. Express contracts consisting of the standard offer-acceptance
and consideration trilogy
2. Implied in fact contracts distinguished by conduct rather than
by express words
3. Promissory estoppel referred to as detrimental reliance
4. Subsequent promises to perform pre-existing obligations
5. A minority theory of imposing liability based upon a subsequent promise to pay for material benefits previously conferred.
6. Implied in law quasi-contracts which are non-consensual obligations

The theory of an offer arouses an expectation in the mind of a
reasonable person. Such an expectation may create a power of
acceptance in the offeree. An offer must be sufficiently certain
to make any resulting agreement enforceable and damages calculable. The offer must be certain as to the parties, subject matter, price and time of performance. An offer in which the
offeror or offering party promises to do or not to do something in exchange for a promise by the offeree to act is an offer for
a bilateral or two-sided contract. Further details as to
bargained exchanges, the statute of frauds and a whole host
of complicating factors are set forth simply with a generous
sprinkling of stare decisis cases to illustrate the legal
points explained. The text will be helpful for law students,journalists, constitutional scholars and a whole host of
other constituencies in academe.

This text is a good supplement to the standard legal texts on contract law. It is well worth the price charged.

Editorial Review:

Rohwer and Skrocki's Contracts in a Nutshell is a succinct summary of the fundamentals of contracts. Contains expert coverage on forming contracts, restitution, statute of frauds, contract interpretation, and modification. Also discusses remedies, performance, and third-party beneficiaries.

The Mediator's Handbook

Jennifer E. Beer, Eileen Stief

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Customer Reviews:
Total reviews: 7 Average rating: 5.0 of 5

God is in the details, and vice versa 5 out of 5 stars.
39 of 40 people found this review helpful.

Alternative dispute resolution (ADR) has received lots of attention over the last decade or so, and I'd like it to receive more. Here's a good place to start.

As an [ahem] older law student, I recently signed up to participate in a mediation program through a local courthouse. As I looked around for helpful references, my eye fell naturally on this modern classic by Jennifer Beer. Continuously in print since 1982 and now in its third edition, it's probably _the_ book that did most to teach the American public how to "do" mediation.

It's full of nuts-and-bolts advice on everything from what to say to where to put the chairs. And it's got something some other mediation books lack: a sense of the "spirituality" of mediation.

For the techniques in this volume grew out of the Friends Conflict Resolution Programs (FCRP). And the Religious Society of Friends ("Quakers") is pretty good at conflict resolution.

(It's those "meetings." Some readers may know that in the early days of the United States, a half-century of so before the Emancipation Proclamation, the Friends unilaterally, voluntarily, and unanimously freed every last one of their slaves -- and paid them to boot, if I'm not mistaken. And anybody who has ever attended a Quaker meeting will understand why, even if they've never heard of John Woolman.)

I've got quite a few Quakers in my family tree, so I'm pleased by this approach. But it's very understated and mostly behind the scenes, so the casual reader will notice only that the book has a certain mood or tone.

What's really going on is that the mediation advice herein is implicitly predicated on the presumption that people are competent to settle their own disputes because each of them has "that of God" within. And the extraordinary sensitivity of the advice is based firmly on Quaker sensibilities: namely, respect for the individual conscience as the very voice of God, and a profound belief in the power of _listening_ both to others and to oneself.

The result is a book of advice on mediation that looks an awful lot like a book on how to grasp the "sense of a meeting." Even beyond the nuts and bolts, the "flavor" of the book will itself help the reader get a feel for what mediation is all about. That's a nice feature in a book on ADR, and it's no wonder Beer's book has been in print for so long.

Allan Goodman's _Basic Skills for the New Mediator_ is a good companion volume, by the way. His book is more aimed at people who do mediation in "courtlike" settings, whereas Beer's is for pretty much any context (including workplace and family, both of which she discusses). The two together are a powerful combination of resources, arguably surpassing many more expensive books on the subject.

And for a good history of the subject of ADR, see Linda Singer's _Settling Disputes_, which I've also reviewed.

Editorial Review:

The original Mediator's Handbook - continuously in print for fifteen years - was the first mediation manual available to the public. It set the standard for the methodology of conflict resolution, providing a time-tested, flexible model for effective mediation in diverse environments and situations. Completely revised and expanded, this new edition is an invaluable resource for people working in corporations, government agencies, community organizations, schools, or any other situation where there is a need to build bridges between diverse perspectives.

Basic Skills for the New Mediator, Second Edition

Allan H. Goodman

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Total reviews: 8 Average rating: 5.0 of 5

Editorial Review:

BASIC SKILLS FOR THE NEW MEDIATOR provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. BASIC SKILLS FOR THE NEW MEDIATOR has been used successfully for self-instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix "Everything You Never Wanted to Know About the Rules of Evidence" is especially valuable for the non-attorney mediator, who must often deal with the evidentiary vocabulary of the legal profession. You will learn to establish your authority as a mediator, schedule the mediation session, deliver the mediator's opening statement, prioritize issues, preside during joint sessions,conduct private caucuses, overcome impasses, identify "hidden agenda" and "throwaway" items, deal with parties who lack settlement authority, and aid parties to achieve a viable settlement.

The Promise of Mediation: The Transformative Approach to Conflict

Robert A. Baruch Bush, Joseph P. Folger

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Total reviews: 2 Average rating: 5.0 of 5

Editorial Review:

The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others.

In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including

• a compelling description of how the field has moved toward increasing acceptance of the transformative model
• a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples
• a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively
• clarifications of common misconceptions about the model
• a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging

This volume is a foundational resource on transformative practice, for both readers of the first edition and new readers - including mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.

The Little Book of Circle Processes : A New/Old Approach to Peacemaking (The Little Books of Justice and Peacebuilding Series)

Kay Pranis

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Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

Big subject in a small package 5 out of 5 stars.
0 of 2 people found this review helpful.

The Little Book of Circle Processes takes on a most importanat strategy for dealing with conflict - whether in the family or in the community. And it does it very well in the limited space of this book.

Editorial Review:

Peacemaking Circles are used in neighborhoods to provide support for those harmed by crime and to decide sentences for those who commit crime, in schools to create positive classroom climates and resolve behavior problems, in the workplace to deal with conflict, and in social services to develop more organic support systems for people struggling to get their lives together. The Circle process hinges on storytelling. It is hard work, but it is an effort bringing astonishing results around the country.

How Arbitration Works: Elkouri & Elkouriorks

Alan Miles Ruben, Frank Elkouri, Edna Asper Elkouri

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Customer Reviews:
Total reviews: 3 Average rating: 5.0 of 5

Editorial Review:

The classic text on labor arbitration.

Labor law and dispute resolution professionals have long considered this to be the standard text on labor arbitration. Written by specialists from the ABA Section of Labor and Employment Law's Committee on Alternative Dispute Resolution in Labor and Employment Law, this definitive resource benefits arbitrators, advocates, and scholars. The editors apply authoritative analysis of basic practice and procedure to integrate relevant laws and their impact on dispute resolution, collective bargaining, and related issues.

The Sixth Edition expands coverage to consider over one hundred new topics and updates the Fifth Edition with hundreds of recent arbitration awards and references to important judicial decisions, academic and professional commentary, administrative agency regulations and opinions, and federal and state legislation.

Due to the growing importance of public sector arbitration, separate chapters are devoted to federal labor arbitration issues, and state and local arbitration issues. The chapters on "Interpreting Contract Language" and "Evidence" have been thoroughly revised to reflect the trend of modern critical thought concerning issues such as ambiguity in contract interpretation, hearsay, and after-acquired evidence. Changing views on the availability of non-traditional remedies such as attorneys' fees and interest awards are reflected in a new chapter on "Remedies". And, because collective bargaining agreements increasingly incorporate federal and state statutory standards, the Sixth Edition contains an extended treatment of legislative regulations and judicial decisions that bear upon arbitration issues.

Extensive footnoting, a table of arbitrators, a complete table of arbitration awards, a table of cases, a table of statutory citations, and a helpful index will save you time finding vital information. In addition, topics in the chapters are identified by BNA's Labor Arbitration Reports Cumulative Digest Index (LA CDI) classification numbers, making it easier to do additional research in that reference service. (See related books, How ADR Works and Discipline and Discharge in Arbitration, both published by BNA Books.)

How Arbitration Works includes chapters on arbitration and its setting; legal status of arbitration in the private sector; scope of labor arbitration; the arbitration tribunal; grievances: prelude to arbitration; determining arbitrability; arbitration procedures and techniques; evidence; interpreting contract language; use of substantive rules of law; precedential value of arbitral awards; custom and past practice; management rights; seniority; discipline and discharge; safety and health; employee rights and benefits; remedies in arbitration; constitutional issues in public-sector arbitration; legal status of arbitration in the federal sector; issues in state and local government sector arbitration; and arbitration of interest disputes.

Negotiating with Giants

Peter D. Johnston

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Customer Reviews:
Total reviews: 2 Average rating: 5.0 of 5

Insightful & entertaining...a powerful combination! 5 out of 5 stars.
4 of 4 people found this review helpful.

Each of us, at some point in our lives, will confront our own goliath: a boss, company, government or nation that's dramatically bigger and more powerful than us. While the odds may seem stacked against us, "Negotiating with Giants" provides a golden ray of hope. The author reminds us that we're "negotiating", not simply when we're "at the table", but whenever we try to influence our giant in any way. He then clearly defines the secrets and strategies for "getting what you want, against the odds", with a writing style that is crisp, strong and confident. While the book is highly thorough and intelligent, it is equally engaging and entertaining. What makes this book truly stand out is the rich stories the author draws on to bring his key messages to life. Dozens of true stories, encompassing business, political, social, and individual situations, are viewed through the lens of giant negotiations. These stories alone make great reading.

"Negotiating with Giants" is well-organized and highly accessible. It includes chapter summaries ("Final Thoughts"), and a four page, back-of-the-book summary (more authors should include one!) that cross-references the negotiation secrets and strategies, with stories and page numbers. These thoughtful features make me believe "Negotiating with Giants" will be an indispensable reference tool for business executives, politicians, citizens and activists...or anyone else, for that matter, facing a goliath.

Editorial Review:

HOW DO YOU NEGOTIATE WITH WAL-MART? With America's President over going to war? An improved education for your kids? A cleaner environment? An ethical issue with an intimidating boss? An unequal personal relationship? A Super Bowl victory for a team of losers? A capital infusion for a struggling start-up? Better healthcare for your family? The return of stolen treasure, lost rights or a canceled credit card? Your survival if you're taken hostage by an armed killer?

IN THIS PIONEERING BOOK, NEGOTIATION EXPERT PETER JOHNSTON surprises us with answers to these far-flung questions, laying out unique strategies and concrete steps we can all use to handle the growing number of giants in our personal and professional lives. As readers, we travel across time--through riveting, real-life stories--uncovering the secrets of successful smaller players so we, too, can get what we want against the odds.

Divorce Without Court: A Guide to Mediation & Collaborative Divorce

Katherine Stoner

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Customer Reviews:
Total reviews: 2 Average rating: 4.5 of 5

Clear language and short sections make this text very useful 5 out of 5 stars.
5 of 5 people found this review helpful.

Divorce Without Court contains simple headings, icons, worksheets, and highlighted text in such a way that the text is easy to follow. Some headings present questions - that are answered in the text, others give do's and do nots, while other headings give clear directions for the reader to follow.

One example of how the text clarifies the issues of divorce is the "Tell It Like It Is: A Vocabulary of Emotions" chart. This helps the reader clarify language for the intended audience. For example, the emotions listed include nostalgic, inconsolable, miserable, hysterical, and bereft.

This level of detail about every aspect of divorce follows throughout the book. Stoner makes the text clear and understandable through adept use of language. Headings likewise are short and clear.

Readers - whether they hire an attorney or not - will find this text useful.

Editorial Review:

The all-in-one guide that shows couples how to end a marriage, fairly and inexpensively.

Can you really have a civilized divorce? Ending a marriage is always difficult, but it need not be defined by financial or emotional conflict. Avoid huge legal bills and jockeying lawyers while protecting your kids-- turn to Divorce Without Court for help.

The book guides you through a negotiated divorce, using divorce mediation or a new approach called "collaborative divorce." Encouraging and straightforward, Divorce Without Court explains:

*how mediation works *how collaborative divorce works *how to use either to end a marriage *how to maximize opportunities for settlement *how to get an agreement in writing *how to find and use advisors

Divorce Without Court provides the latest resources, contact information for state offices, national and regional organizations, and clear examples of what you can expect.

The Negotiator's Fieldbook: The Desk Reference for the Experienced Negotiator

Andrea Kupfer Schneider, Christopher Honeyman

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Customer Reviews:
Total reviews: 1 Average rating: 4.0 of 5

A desk reference it is. 4 out of 5 stars.
1 of 5 people found this review helpful.

When the Negotiator's Fieldbook arrived its sheer throw weight told me I was getting the desk reference anticipated. My first pass through the table of contents reassured me that the comprehensive scope of the material is as advertised. And the annotated table of contents is a useful feature in view of the way I think I'll be using this source.
Several articles surprised me and grabbed my curiousity; so those I'll be reading soon for pleasure. The rest will wait a year or so for me to check the volume for something relevant to a problem that has me stumped or perplexed.
I know of nothing comparable in the field at this time.
--Bill Biglow, mediator

Editorial Review:

Edited by Andrea Kupfer Schneider and Christopher Honeyman and featuring 80 contributors, The Negotiator's Fieldbook is the most comprehensive book on negotiation available. And the concept that everybody negotiates is increasingly accepted as wisdom. A world in which small manufacturers find their customers and their suppliers on the far side of the globe, in which lifetime stability of employment has been replaced by successive negotiation for new jobs, and in which prenuptial agreements and mediated divorces flank a noticeable percentages of marriages, makes the fact of continuous negotiation more and more obvious. This book pulls together the relevant ideas on negotiation from law, psychology, business, economics, cultural studies and a dozen other fields to provide a context for successful negotiation.

Principles of International Investment Law (Foundations of Public International Law)

Rudolf Dolzer, Christoph Schreuer

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Editorial Review:

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyzes the case law interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of State vs. State and Investor vs. State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners new to the field.