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Fed up with the expense and slow pace of civil litigation,
corporate and individual disputants alike are increasingly turning
to various forms of Alternative Dispute Resolution to help redress
their grievances. ADR is a broad construct, encompassing mediation,
arbitration, and any other form of formalized dispute resolution
except litigation. Congress recently required the federal district
courts to drastically expand their use of ADR, and more and more
law firms are turning to ADR as a cost-effective alternative to
litigation. Nonetheless, in many ways, ADR's effectiveness remains
largely untested. This dissertation maps out an approach to civil
dispute resolution that identifies and manages disputants' non-
rational, covert motives and interests involved without resorting
to litigation. It is particularly concerned with three related
areas of inquiry. First, it aims to identify and address
disputants' true needs and goals. Second, it examines bias and
irrational thinking, and looks at the ways in which these factors
may impede negotiations. Finally, it proposes a new strategic
approach to mediation that bolsters both its effectiveness and
efficiency.
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