| Preface |
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vii | |
| Acknowledgments |
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xiii | |
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Overview of Dispute Resolution & Conflict Management |
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1 | (82) |
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The Nature of Conflict and Disputes |
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2 | (10) |
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2 | (1) |
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Theoretical Underpinnings |
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3 | (1) |
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Individual Characteristics Theories |
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3 | (1) |
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3 | (1) |
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Social Structure Theories |
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4 | (1) |
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4 | (2) |
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6 | (1) |
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The Dynamics of Conflict Resolution: A Practitioner's Guide |
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6 | (1) |
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7 | (2) |
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The Life Cycle of a Dispute |
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9 | (3) |
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An Introduction to the Alternative Processes for Resolving Disputes |
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12 | (8) |
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14 | (1) |
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15 | (1) |
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16 | (2) |
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Confusion About the Processes |
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18 | (2) |
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What Process is Appropriate? |
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20 | (42) |
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The Great Debate Over Settlement and ADR |
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20 | (1) |
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21 | (1) |
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Owen M. Fiss, Against Settlement |
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21 | (6) |
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27 | (1) |
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Whose Dispute Is It Anyway?: A Philosophical and Democratic Defense of Settlement (In Some Cases) |
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27 | (4) |
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31 | (3) |
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The Institutionalization of ADR |
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34 | (1) |
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Institutionalization in the Courts |
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34 | (1) |
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Isn't There a Better Way?: Annual Report on the State of the Judiciary |
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34 | (2) |
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Varieties of Dispute Processing |
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36 | (3) |
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39 | (1) |
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Many Doors? Closing Doors? Alternative Dispute Resolution and Adjudication |
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40 | (4) |
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44 | (2) |
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Institutionalization in Administrative Agencies |
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46 | (1) |
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46 | (2) |
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Institutionalization in the Private Sphere |
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48 | (1) |
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Contract and Conflict Management |
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48 | (2) |
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Constitutional Gravity: A Unitary Theory of Alternative Dispute Resolution and Public Civil Justice |
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50 | (3) |
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53 | (1) |
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54 | (1) |
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The Dynamics of Conflict Resolution |
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54 | (2) |
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56 | (1) |
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Counseling Concerning Alternative Dispute Resolution: The Counselor-at-Law: A Collaborative Approach to Client Interviewing and Counseling |
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57 | (2) |
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Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict |
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59 | (2) |
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61 | (1) |
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What are the Roles of the Lawyer? |
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62 | (21) |
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Headwinds: Obstacles to Appropriate Involvement of Lawyers in Alternatives to Traditional Litigation |
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63 | (1) |
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Professional Responsibility: Report of the Joint Conference |
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64 | (2) |
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Lawyers' Ethics in an Adversary System |
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66 | (1) |
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66 | (3) |
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69 | (2) |
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The Unspoken Resistance to Alternative Dispute Resolution |
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71 | (1) |
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The War Prayer, In the Complete Short Stories and Famous Essays of Mark Twain 861--863 (Collier 1928) |
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72 | (3) |
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75 | (2) |
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Tailwinds: Reasons for Optimism About Lawyers' Appropriate Involvement in Alternatives to Litigation |
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77 | (1) |
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77 | (1) |
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78 | (1) |
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78 | (2) |
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80 | (3) |
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The Attorney-Client Relationship: Interviewing and Counseling |
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83 | (74) |
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The Attorney-Client Relationship |
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84 | (19) |
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84 | (1) |
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Client-Centered Counseling: Reappraisal and Refinement |
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84 | (2) |
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The Counselor-At-Law: A Collaborative Approach to Client Interviewing and Counseling |
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86 | (1) |
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87 | (3) |
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Attorney-Client Relationships in Action |
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90 | (1) |
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The Justice Broker: Lawyers and Ordinary Litigation |
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91 | (2) |
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When Lawyer and Client Meet: Observations of Interviewing and Counseling Behavior in the Consumer Bankruptcy Law Office |
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93 | (1) |
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The Allocation of Decisionmaking Between Counsel and Criminal Defendant: An Empirical Study of Attorney-Client Decisionmaking |
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94 | (3) |
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97 | (1) |
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Managing the Attorney-Client Relationship |
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98 | (1) |
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Beyond Winning: Negotiating to Create Value in Deals and Disputes |
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98 | (1) |
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99 | (4) |
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103 | (9) |
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103 | (1) |
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103 | (1) |
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Preliminary Problem Identification |
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104 | (1) |
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Detailed Problem Identification |
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104 | (1) |
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105 | (1) |
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105 | (1) |
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106 | (1) |
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106 | (1) |
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107 | (1) |
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Interviewing the Domestic Violence Victim, in New York Practice Skills Course Handbook Series |
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107 | (2) |
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Evaluating Your Interviewing Techniques |
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109 | (1) |
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Interviewing Clients Ethically |
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109 | (3) |
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112 | (1) |
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112 | (25) |
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112 | (1) |
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113 | (1) |
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Applied Imagination: Principles and Procedures of Creative Problem-Solving |
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113 | (1) |
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Creativity and Problem-Solving |
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114 | (4) |
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Zen and the Art of Motorcycle Maintenance |
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118 | (1) |
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119 | (1) |
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120 | (1) |
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Facilitating Decision Making |
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121 | (1) |
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121 | (1) |
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Complications: A Surgeon's Notes on an Imperfect Science |
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122 | (3) |
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Lawyers as Counselors: A Client-Centered Approach |
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125 | (2) |
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127 | (2) |
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129 | (1) |
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Introduction: Three Approaches to Morals Issues in Law Office Counseling |
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129 | (4) |
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133 | (1) |
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133 | (1) |
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Medical Paradigms for Counseling: Giving Clients Bad News |
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134 | (3) |
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Interviewing and Counseling Techniques: Questioning and Listening |
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137 | (15) |
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138 | (1) |
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A Guide to Better Client Interviews |
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139 | (1) |
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140 | (1) |
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140 | (1) |
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140 | (1) |
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Connection, Capacity and Morality in Lawyer-Client Relationships |
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141 | (3) |
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144 | (1) |
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145 | (1) |
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Charles Green & Robert Galford, The Trusted Advisor |
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146 | (3) |
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Heart-Healthy Conversations |
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149 | (1) |
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Developing Better Listening Skills |
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150 | (1) |
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The Contemplative Lawyer: On the Potential Contributions of Mindfulness Meditation to Law Students, Lawyers, and Their Clients |
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151 | (1) |
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A Lawyer's Duty to Advise Clients About Dispute Resolution Options |
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152 | (4) |
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Should an Attorney Be Required to Advise a Client of ADR Options? |
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152 | (3) |
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155 | (1) |
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Interviewing and Counseling Exercise |
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156 | (1) |
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157 | (129) |
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158 | (5) |
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Bargaining for Advantage: Negotiation Strategies for Reasonable People |
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158 | (2) |
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160 | (3) |
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163 | (2) |
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Bargaining for Advantage: Negotiation Strategies for Reasonable People |
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163 | (1) |
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163 | (2) |
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Approaches to Negotiation |
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165 | (8) |
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165 | (1) |
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A Positive Theory of Legal Negotiation |
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165 | (2) |
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167 | (1) |
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Problem-Solving Negotiation |
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167 | (1) |
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Toward Another View of Legal Negotiation: The Structure of Problem Solving |
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167 | (6) |
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173 | (1) |
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Negotiation Strategy and Tactics |
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173 | (44) |
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Adversarial Strategy and Tactics |
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173 | (1) |
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A Primer on Competitive Bargaining |
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174 | (1) |
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174 | (1) |
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175 | (1) |
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175 | (1) |
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176 | (1) |
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Making Few and Small Concessions |
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177 | (1) |
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Influence: Science and Practice |
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177 | (4) |
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181 | (3) |
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Limited Disclosure of Information |
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184 | (1) |
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Economic Rationales for Mediation |
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184 | (1) |
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185 | (1) |
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185 | (1) |
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186 | (2) |
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188 | (2) |
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Problem-Solving Strategy and Tactics |
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190 | (1) |
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Getting to Yes: Negotiating Agreement Without Giving in |
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190 | (2) |
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192 | (1) |
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``Separating the People from the Problem'' (Listening) |
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192 | (1) |
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Difficult Conversations: How to Discuss What Matters Most |
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193 | (3) |
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196 | (1) |
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``Focus on Interests'' (Asking) |
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197 | (1) |
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Open and Closed Questions |
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198 | (1) |
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Getting to Yes: Negotiating Agreement Without Giving in |
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199 | (1) |
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199 | (1) |
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The Impact of the Impact Bias on Negotiation |
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199 | (4) |
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Creating Value Through Differences |
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203 | (1) |
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Beyond Winning: Negotiating to Create Value in Deals and Disputes |
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203 | (1) |
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204 | (1) |
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``Consider a Variety of Options'' (Inventing) |
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205 | (1) |
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Aha? Is Creativity Possible in Legal Problem Solving and Teaching in Legal Education? |
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205 | (1) |
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206 | (1) |
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Panacea or Pandora's Box? The Costs of Options in Negotiation |
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206 | (2) |
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``Insist on Outcomes Tied to Objective Criteria'' (Referencing) |
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208 | (1) |
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Bargaining for Advantage: Negotiation Strategies for Reasonable People |
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208 | (1) |
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209 | (1) |
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The BATNA and Power in Negotiation |
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209 | (1) |
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210 | (1) |
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210 | (1) |
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The Pros and Cons of ``Getting To Yes'' |
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211 | (1) |
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212 | (2) |
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214 | (3) |
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Law, Lawyers, and Clients in Negotiation |
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217 | (38) |
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217 | (1) |
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217 | (1) |
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``Most Cases Settle'': Judicial Promotion and Regulation of Settlements |
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218 | (1) |
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218 | (1) |
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219 | (1) |
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The Expected-Value Approach to Settlement |
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220 | (1) |
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220 | (7) |
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Decision Analysis as a Mediator's Tool |
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227 | (3) |
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The Interest-Based Approach to Settlement |
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230 | (1) |
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Beyond Winning: Negotiating to Create Value in Deals and Disputes |
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230 | (2) |
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232 | (1) |
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Legal and Ethical Obligations |
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233 | (1) |
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233 | (1) |
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234 | (3) |
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237 | (1) |
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Confidentiality in Negotiation |
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238 | (1) |
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Impeaching Lying Parties With Their Statements During Negotiation: Demysticizing the Public Policy Rationale Behind Evidence Rule 408 and the Mediation-Privilege Statutes |
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239 | (7) |
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246 | (1) |
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247 | (1) |
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Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation |
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247 | (4) |
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251 | (1) |
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252 | (1) |
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When People Are the Means: Negotiating With Respect |
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252 | (2) |
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254 | (1) |
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The Roles of Culture, Gender, and Race in Negotiation |
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255 | (27) |
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255 | (1) |
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The ``Tip of the Iceberg'' Approach to Culture |
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255 | (1) |
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Culture and Negotiation: Symmetrical Anthropology for Negotiators |
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255 | (1) |
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The Art of War Between Friends: Successfully Negotiating With the Chinese |
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256 | (3) |
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A Japanese View of American Negotiators |
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259 | (3) |
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The ``Patterns'' Approach to Culture |
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262 | (1) |
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Culture and Negotiation: Symmetrical Anthropology for Negotiators |
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262 | (1) |
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263 | (1) |
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``Symmetrical Anthropology'' Approach to Culture |
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263 | (1) |
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Culture and Negotiation: Symmetrical Anthropology for Negotiators |
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263 | (2) |
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265 | (1) |
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265 | (1) |
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Obey the Rule: Just Say ``No, No, No'' |
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266 | (2) |
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268 | (1) |
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268 | (1) |
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Women Don't Ask: Negotiation and the Gender Divide |
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269 | (5) |
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274 | (1) |
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Effective Responses to Offensive Comments |
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275 | (2) |
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277 | (1) |
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Fair Driving: Gender and Race Discrimination in Retail Car Negotiations |
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278 | (3) |
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281 | (1) |
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282 | (4) |
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A Transaction Negotiation: The Carton Contract |
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282 | (1) |
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A Dispute Negotiation: The Thompson v. Decker Medical Malpractice Claim |
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282 | (4) |
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286 | (220) |
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288 | (21) |
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The ``Grid'' System for Understanding Mediator Orientations |
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288 | (1) |
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Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed |
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288 | (12) |
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300 | (1) |
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Other Models of Mediation |
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301 | (1) |
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The Promise of Mediation: The Transformative Approach to Conflict |
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301 | (5) |
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306 | (1) |
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Resolving Conflict Together: The Understanding-Based Approach to Mediation |
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307 | (1) |
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308 | (1) |
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Brief Takes on Real Mediations |
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309 | (25) |
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310 | (1) |
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Proponents Say ADR Spells Relief |
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310 | (3) |
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313 | (1) |
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A Shareholder-Management Dispute |
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314 | (1) |
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Sisters of the Precious Blood v. Bristol-Myers Co. |
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314 | (5) |
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319 | (1) |
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319 | (1) |
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The Clean Fuels Regulatory Negotiation |
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319 | (6) |
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325 | (1) |
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Victim Offender Mediation |
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326 | (1) |
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Texas Case Study One: Murder--Victim and Offender Perspectives, In Mark S. Umbreit, et al., Facing Violence: The Path of Restorative Justice and Dialogue |
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326 | (5) |
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331 | (2) |
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Note: Mediation in Other Contexts and by Other Names |
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333 | (1) |
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The Participants and Processes |
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334 | (130) |
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334 | (1) |
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334 | (1) |
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335 | (1) |
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335 | (13) |
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348 | (4) |
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Regulation of Mediator Performance |
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352 | (1) |
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352 | (1) |
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Society of Professionals in Dispute Resolution, Report of the SPIDR Commission on Qualifications |
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352 | (2) |
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354 | (1) |
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Credentialing Approaches: The Slow Movement Toward Skills-Based Testing |
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354 | (2) |
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356 | (1) |
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357 | (1) |
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Model Standards of Conduct for Mediators |
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357 | (1) |
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358 | (3) |
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McKenzie Construction v. St. Croix Storage |
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361 | (5) |
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366 | (1) |
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ABA Model Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral |
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367 | (1) |
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367 | (1) |
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Limitations on What Mediators May Say About Law |
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368 | (6) |
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ABA Section of Dispute Resolution, Resolution on Mediation and the Unauthorized Practice of Law |
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374 | (3) |
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377 | (1) |
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378 | (1) |
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379 | (5) |
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384 | (2) |
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386 | (5) |
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391 | (2) |
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Parties, Lawyers, and Mediation Advocacy |
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393 | (1) |
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394 | (1) |
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Getting Reluctant Parties to Mediate: A Guide for Advocates |
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394 | (3) |
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397 | (1) |
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398 | (1) |
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Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed |
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398 | (5) |
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403 | (2) |
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Bringing Peace Into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution |
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405 | (3) |
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408 | (1) |
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Working with the Mediator (and Other Participants): Advocacy and Problem-Solving |
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409 | (1) |
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Tom Arnold, 20 Common Errors in Mediation Advocacy |
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409 | (7) |
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The Represented Client in a Settlement Conference: The Lessons of G. Heilemann Brewing Co. v. Joseph Oat Corp. |
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416 | (4) |
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420 | (1) |
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Avoidable Sins: When a Mediator Steps Beyond the Boundaries |
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421 | (2) |
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Decisionmaking in Mediation: The New Old Grid and the New New Grid System |
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423 | (8) |
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431 | (4) |
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435 | (1) |
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435 | (1) |
|
Deal Killer or Deal Saver: The Consulting Lawyer's Dilemma |
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436 | (2) |
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|
438 | (1) |
|
|
|
439 | (1) |
|
A Cornerstone, and a Challenge |
|
|
439 | (2) |
|
The Policies Supporting Mediation Confidentiality, and Their Implementation |
|
|
441 | (1) |
|
|
|
441 | (2) |
|
|
|
443 | (5) |
|
A Closer Look at Privilege |
|
|
448 | (1) |
|
|
|
449 | (2) |
|
|
|
451 | (3) |
|
Should the Mediator Be Compelled to Testify? |
|
|
454 | (1) |
|
Olam v. Congress Mortgage Co |
|
|
454 | (8) |
|
|
|
462 | (2) |
|
Selecting, Rejecting, or Modifying Mediation: Fairness, Self-Determination, and Formality |
|
|
464 | (37) |
|
The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization? |
|
|
466 | (2) |
|
|
|
|
|
468 | (1) |
|
Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution |
|
|
469 | (6) |
|
|
|
|
|
|
|
|
|
|
|
Metrocourt Project Final Report: A Study of the Effects of Ethnicity and Gender in Mediated and Adjudicated Cases at the Metropolitan Court Mediation Center |
|
|
475 | (2) |
|
|
|
|
|
477 | (1) |
|
The Mediation Alternative: Process Dangers for Women |
|
|
478 | (6) |
|
|
|
|
|
484 | (6) |
|
|
|
|
|
490 | (5) |
|
Bring in the Lawyers: Challenging the Dominant Approaches to Ensuring Fairness in Divorce Mediation |
|
|
495 | (5) |
|
|
|
|
|
|
|
|
|
500 | (1) |
|
|
|
501 | (5) |
|
The Red Devil Dog Mediation Role Play |
|
|
501 | (1) |
|
Prosando v. High-Tech: General Information |
|
|
502 | (2) |
|
|
|
504 | (2) |
|
|
|
506 | (171) |
|
The Practice and Procedures of Private Arbitration |
|
|
507 | (9) |
|
The Uses and Growth of Arbitration |
|
|
507 | (3) |
|
|
|
510 | (1) |
|
|
|
511 | (1) |
|
Commercial Arbitration: An Assessment and Call for Dialogue |
|
|
512 | (2) |
|
|
|
|
|
|
|
514 | (1) |
|
Merchants of Law as Moral Entrepreneurs: Constructing International Justice From Competition for Transnational Business Disputes |
|
|
515 | (1) |
|
|
|
|
|
|
|
516 | (1) |
|
The Legal Framework for Arbitration Under the FAA |
|
|
516 | (107) |
|
A Brief Summary of the Federal Arbitration Act |
|
|
516 | (1) |
|
What Law Applies? The FAA and the Preemption of State Law |
|
|
517 | (1) |
|
Southland Corp. v. Keating |
|
|
517 | (6) |
|
|
|
523 | (2) |
|
Doctor's Associates, Inc. v. Casarotto |
|
|
525 | (3) |
|
|
|
528 | (1) |
|
Federal Preemption and Vacatur: The Book-end Issues Under the Revised Uniform Arbitration Act |
|
|
529 | (4) |
|
|
|
|
|
533 | (1) |
|
Federal Arbitration Act Preemption |
|
|
533 | (4) |
|
|
|
|
|
537 | (1) |
|
|
|
537 | (1) |
|
Who Decides Issues of Arbitrability? |
|
|
538 | (1) |
|
Prima Paint Corp. v. Flood & Conklin Manufacturing Co |
|
|
538 | (5) |
|
|
|
543 | (1) |
|
First Options of Chicago, Inc. v. Kaplan |
|
|
544 | (3) |
|
|
|
547 | (2) |
|
Howsam v. Dean Witter Reynolds, Inc |
|
|
549 | (3) |
|
|
|
552 | (2) |
|
Statutory Claims and the Problem of Mandatory Arbitration |
|
|
554 | (1) |
|
The Shift in Judicial Attitudes |
|
|
555 | (1) |
|
|
|
555 | (1) |
|
|
|
556 | (1) |
|
Gilmer v. Interstate/Johnson Lane Corp. |
|
|
556 | (7) |
|
|
|
563 | (5) |
|
|
|
568 | (1) |
|
Cole v. Burns International Security Services |
|
|
568 | (5) |
|
|
|
573 | (1) |
|
Green Tree Financial Corp. v. Randolph |
|
|
574 | (5) |
|
|
|
579 | (3) |
|
Unconscionability and Adhesion |
|
|
582 | (1) |
|
|
|
582 | (1) |
|
Circuit City Stores, Inc. v. Adams |
|
|
582 | (6) |
|
|
|
588 | (1) |
|
Hooters of America, Inc. v. Phillips |
|
|
588 | (6) |
|
|
|
594 | (1) |
|
Unconscionability in Consumer Goods and Services |
|
|
594 | (1) |
|
Hill v. Gateway 2000, Inc |
|
|
594 | (4) |
|
|
|
598 | (1) |
|
Adhesion in Consumer Goods and Services |
|
|
598 | (1) |
|
Broemmer v. Abortion Services of Phoenix, Ltd |
|
|
598 | (6) |
|
|
|
604 | (3) |
|
Judicial Review of Arbitration Awards |
|
|
607 | (1) |
|
Sobel v. Hertz, Warner & Co |
|
|
608 | (4) |
|
|
|
612 | (11) |
|
International Commercial Arbitration |
|
|
623 | (28) |
|
Overview and Comparison of International and Domestic Arbitration |
|
|
623 | (1) |
|
Some Trends and Developments in the Laws and Practice of International Commercial Arbitration |
|
|
624 | (5) |
|
|
|
The Global Court: The Internationalization of Commercial Adjudication and Arbitration |
|
|
629 | (1) |
|
|
|
|
|
630 | (1) |
|
Fussing About The Forum: Categories and Definitions as Stakes in a Professional Competition |
|
|
631 | (4) |
|
|
|
|
|
|
|
635 | (1) |
|
|
|
635 | (1) |
|
Arbitrability, Forum Selection, and Choice of Law |
|
|
635 | (1) |
|
Roby v. Corporation of Lloyd's |
|
|
635 | (6) |
|
|
|
641 | (1) |
|
Enforcement and Review of Awards |
|
|
642 | (1) |
|
Yusuf Ahmed Alghanim & Sons v. Toys ``R'' Us, Inc |
|
|
642 | (8) |
|
|
|
650 | (1) |
|
Deciding Whether and How to Use Arbitration |
|
|
651 | (26) |
|
The Characteristics of Arbitration |
|
|
652 | (2) |
|
Perspectives on Arbitration |
|
|
654 | (1) |
|
The Mediation of Grievances Under a Collective Bargaining Contract: An Alternative to Arbitration |
|
|
654 | (3) |
|
|
|
|
|
657 | (2) |
|
Commercial Arbitration: An Assessment and Call for Dialogue |
|
|
659 | (3) |
|
|
|
|
|
|
|
662 | (1) |
|
Private Justice: Employment Arbitration and Civil Rights |
|
|
662 | (8) |
|
|
|
|
|
670 | (7) |
|
Mixed Processes, Adaptations, and Other Innovations |
|
|
677 | (113) |
|
|
|
678 | (77) |
|
|
|
678 | (1) |
|
|
|
678 | (1) |
|
ADR in the Federal Courts---One Judge's Perspective: Issues and Challenges Facing Judges, Lawyers, Court Administrators, and the Public |
|
|
678 | (6) |
|
|
|
ADR in the States: Great Progress Has Been Made, But There Is Still Much to Do |
|
|
684 | (2) |
|
|
|
|
|
686 | (6) |
|
|
|
692 | (1) |
|
|
|
693 | (1) |
|
Institutionalization: What Do Empirical Studies Tell Us About Court Mediation? |
|
|
693 | (4) |
|
|
|
|
|
|
|
|
|
697 | (1) |
|
ADR and Settlement in the Federal District Courts: A Sourcebook for Judges and Lawyers 7 |
|
|
697 | (1) |
|
|
|
|
|
|
|
698 | (1) |
|
Exceptions to Compelled Participation in Mediation |
|
|
698 | (1) |
|
Comment, Mandatory Family Mediation and Domestic Violence |
|
|
698 | (5) |
|
|
|
|
|
703 | (2) |
|
The Problem of Good Faith Participation in Mediation |
|
|
705 | (1) |
|
Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs |
|
|
706 | (6) |
|
|
|
|
|
712 | (2) |
|
Court-Annexed ``Mixed Processes'' |
|
|
714 | (1) |
|
Court-Annexed Non-Binding Arbitration |
|
|
714 | (1) |
|
|
|
715 | (1) |
|
|
|
715 | (1) |
|
The Summary Jury Trial and Other Alternative Methods of Dispute Resolution |
|
|
715 | (1) |
|
|
|
|
|
716 | (2) |
|
|
|
718 | (1) |
|
Alternative Dispute Resolution: An Empirical Analysis |
|
|
718 | (4) |
|
|
|
|
|
|
|
722 | (1) |
|
Innovative Processes for Mass Personal Injury Litigation |
|
|
723 | (1) |
|
A Glass Half Full, A Glass Half Empty: The Use of Alternative Dispute Resolution in Mass Personal Injury Litigation |
|
|
723 | (7) |
|
|
|
|
|
730 | (1) |
|
|
|
731 | (1) |
|
|
|
731 | (1) |
|
Office of the Associate Attorney General, Report to the Steering Committee Interagency Alternative Dispute Resolution Working Group |
|
|
731 | (5) |
|
|
|
736 | (1) |
|
Setting Agency Policy: `Reg negs' |
|
|
736 | (1) |
|
Negotiating Regulations: A Cure for the Malaise |
|
|
737 | (3) |
|
|
|
|
|
740 | (1) |
|
ADR in the Federal Workplace |
|
|
741 | (1) |
|
Mediation at Work: Transforming Workplace Conflict at the United States Postal Service |
|
|
741 | (5) |
|
|
|
|
|
746 | (1) |
|
Dispute Resolution and Democratic Governance |
|
|
747 | (1) |
|
Democracy and Dispute Resolution: The Problem of Arbitration |
|
|
748 | (6) |
|
|
|
|
|
754 | (1) |
|
|
|
755 | (35) |
|
|
|
756 | (1) |
|
|
|
756 | (1) |
|
Corporate Alternative Dispute Resolution |
|
|
756 | (4) |
|
|
|
|
|
760 | (1) |
|
|
|
760 | (1) |
|
Private Justice: California's General Reference Procedure |
|
|
760 | (1) |
|
|
|
|
|
761 | (1) |
|
|
|
762 | (1) |
|
The Mediation of Grievances Under a Collective Bargaining Contract: An Alternative to Arbitration |
|
|
762 | (3) |
|
|
|
|
|
765 | (2) |
|
|
|
767 | (1) |
|
Ombuds---A Voice for the People |
|
|
767 | (3) |
|
|
|
|
|
770 | (2) |
|
Recent Innovations and Adaptations |
|
|
772 | (1) |
|
|
|
773 | (1) |
|
Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering |
|
|
773 | (2) |
|
|
|
|
|
775 | (1) |
|
|
|
776 | (1) |
|
Partnering in the Construction Industry: Teaming Up to Prevent Disputes |
|
|
776 | (4) |
|
|
|
Online Dispute Resolution |
|
|
780 | (1) |
|
Online Dispute Resolution in The Handbook of Dispute Resolution |
|
|
780 | (8) |
|
|
|
|
|
788 | (2) |
|
Designing and Selecting Dispute Resolution Processes |
|
|
790 | (91) |
|
Overarching Considerations |
|
|
791 | (27) |
|
|
|
791 | (1) |
|
Nat'l Inst. for Dispute Resolution, Paths to Justice: Major Public Policy Issues of Dispute Resolution |
|
|
792 | (8) |
|
|
|
800 | (1) |
|
|
|
801 | (1) |
|
Making Deals in Court-Connected Mediation: What's Justice Got to Do With It? |
|
|
801 | (3) |
|
|
|
|
|
804 | (4) |
|
Public Policy Implications |
|
|
808 | (1) |
|
Alternative Dispute Resolution: Panacea or Anathema? |
|
|
809 | (6) |
|
|
|
Fitting The Forum to the Fuss: A User-Friendly Guide to Selecting an ADR Procedure |
|
|
815 | (1) |
|
|
|
|
|
|
|
816 | (2) |
|
Designing and Evaluating Dispute Systems |
|
|
818 | (36) |
|
|
|
818 | (1) |
|
|
|
818 | (1) |
|
Designing Systems for Resolving Disputes in Organizations |
|
|
819 | (6) |
|
|
|
|
|
|
|
|
|
825 | (1) |
|
Using Interest-Based Techniques to Design Conflict Management Systems |
|
|
826 | (8) |
|
|
|
|
|
834 | (2) |
|
Self-Determination in Systems Design |
|
|
836 | (1) |
|
Self-Determination in Dispute System Design and Employment Arbitration |
|
|
836 | (3) |
|
|
|
|
|
839 | (1) |
|
Evaluating Dispute Resolution Systems |
|
|
839 | (1) |
|
The Process of Evaluation |
|
|
840 | (1) |
|
Evaluating and Monitoring ADR Procedures |
|
|
840 | (4) |
|
|
|
|
|
844 | (4) |
|
The Value of Evaluation Research |
|
|
848 | (1) |
|
Alternative Adjudication: An Evaluation Of The New Jersey Automobile Arbitration Program |
|
|
848 | (4) |
|
|
|
|
|
|
|
|
|
|
|
|
|
852 | (2) |
|
Advising Clients in Selecting a Dispute Resolution Process |
|
|
854 | (25) |
|
Barriers to Discussion, Use of ADR |
|
|
855 | (1) |
|
Barriers To Attorneys' Discussion and Use of ADR |
|
|
855 | (5) |
|
|
|
|
|
860 | (2) |
|
|
|
862 | (1) |
|
|
|
862 | (5) |
|
|
|
|
|
|
|
867 | (1) |
|
CPR Inst. for Dispute Resolution, ADR Suitability Guide |
|
|
867 | (5) |
|
|
|
872 | (3) |
|
A Guide to Multi-Step Dispute Resolution Clauses |
|
|
875 | (2) |
|
|
|
|
|
|
|
877 | (2) |
|
Choosing and Building Dispute Resolution Processes |
|
|
879 | (2) |
|
|
|
881 | (29) |
|
|
|
881 | (7) |
|
The Role of Therapeutic Jurisprudence Within the Comprehensive Law Movement in Dennis Stolle, David B. Wexler, and Bruce J. Winick, Practicing Therapeutic Jurisprudence |
|
|
882 | (5) |
|
|
|
|
|
887 | (1) |
|
|
|
888 | (8) |
|
Mindfulness: Foundational Training for Dispute Resolution |
|
|
889 | (5) |
|
|
|
|
|
894 | (2) |
|
|
|
896 | (14) |
|
Entering the Stream: Professional Organizations |
|
|
896 | (2) |
|
|
|
898 | (1) |
|
ADR Personalities and Practice Tips |
|
|
898 | (11) |
|
|
|
|
|
|
|
909 | (1) |
| Appendix A. Federal Rules of Civil Procedure Rule 16 |
|
910 | (3) |
| Appendix B. Uniform Mediation Act (2003) |
|
913 | (7) |
| Appendix C. The Model Standards of Conduct for Mediators (1994) |
|
920 | (6) |
| Appendix D. Federal Arbitration Act |
|
926 | (6) |
| Appendix E. Uniform Arbitration Act |
|
932 | (7) |
| Appendix F. American Arbitration Association Commercial Arbitration Rules |
|
939 | (20) |
| Appendix G. American Arbitration Association, Sample ADR Clauses |
|
959 | (4) |
| Index |
|
963 | |
Other versions by this Author