Systematic Analysis in Dispute Resolution

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,...
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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.