Mastering Mediation: Conflict, Bias, Risk and Legal Negotiations

ISBN-13: 9783639145229 / Angielski / Miękka / 2009 / 268 str.

Joshua Kutinsky

Opis

Fed up with the expense and slow pace of civillitigation, corporate and individual disputants alike are increasinglyturning to various forms of Alternative Dispute Resolution to helpredress their grievances. ADR is a broad construct, encompassingmediation, arbitration, and any other form of formalized disputeresolution except litigation. Congress recently required thefederal district courts to drastically expand their use of ADR, andmore and more law firms are turning to ADR as a cost-effectivealternative to litigation. Nonetheless, in many ways, ADRseffectiveness remains largely untested. This dissertation maps out anapproach to civil dispute resolution that identifies and managesdisputants non-rational, covert motives and interests involvedwithout resorting to litigation. It is particularly concerned with threerelated areas of inquiry. First, it aims to identify and addressdisputants true needs and goals. Second, it examines bias and irrationalthinking, and looks at the ways in which these factors may impedenegotiations. Finally, it proposes a new strategic approach tomediation that bolsters both its effectiveness and efficiency.

O autorze

With doctoral degrees in both law and psychology, Dr. Kutinsky
practices law with the
firm of Mark F. Seltzer & Associates in Philadelphia, PA. His
focus is private disability
insurance, impaired physicians and health law practice. Dr.
Kutinsky is also an
Assistant Professor at Widener University's Institute for
Graduate Clinical Psychology.