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Discussions in Dispute Resolution - The Foundational Articles (Hardcover)
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Discussions in Dispute Resolution - The Foundational Articles (Hardcover)
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While arbitration was robust in colonial and early America, dispute
resolution lost its footing to the court system as the United
States grew into a bustling and burgeoning country. And while
dispute resolution processes emerged briefly from time to time,
they were dormant until the enactment of the Federal Arbitration
Act and collective bargaining grew out of the labor movement. But
it wasn't until 1976, when Frank Sander delivered his famous
remarks at the Pound Conference, that the modern dispute resolution
movement was born. By the year 2000, alternative dispute resolution
had transformed from a populist rebellion against the judicial
system to mainstream legal practice. Today, lawyers and retiring
judges look to arbitration and mediation for a career pivot, and
law schools train law students in the finer arts of dispute
resolution practice as both providers and advocates. Discussions in
Dispute Resolution brings together the modern dispute resolution
field's most influential commentaries in its first few decades and
reflects on what makes these pieces so important. This book
collects 16 foundational writings, four pieces from each of the
field's primary subfields-negotiation, mediation, arbitration, and
public policy. Each piece has four commenters who answer the
question: why is this work a foundational piece in the dispute
resolution field? The purpose in asking this simple question is
fourfold: to hail the field's foundational generation and their
work, to bring a fresh look at these articles, to engage the
articles' original authors where possible, and to challenge the
articles with the benefit of hindsight. Where possible, the book
gives the authors of the original pieces the opportunity either to
reflect on the piece itself or to respond to the other commenters.
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