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.
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