Chapter 05 - Negotiation and Alternative Dispute Resolution Systems
The purpose of this chapter is to acquaint the students with alternatives to litigation with special
emphasis on conflicts, disputes, and the methods of negotiation.
This chapter emphasizes the
importance of ADR's to the business community.
The chapter creates an awareness of finality of
arbitration and the difficulty of challenging the decision of the arbitrator.
Special attention is
paid to the Federal Arbitration Act which covers all agreements to arbitrate when the subject
matter involves interstate commerce.
An awareness of the trend toward compulsory ADR
mechanisms for certain disputes is created.
The presentation of the advantages, disadvantages,
and procedures of mediation allow students to understand why this form of ADR is growing in
popularity among businesses.
Bennett, S.C., Arbitration: Essential Elements
. ALM Publishers (2002).
Constantino, C.A. and C.S. Merchant, Designing Conflict Management Systems:
A Guide to
Creating Productive and Healthy Organizations
Fisher, R., W. Ury, and B. Patton, Getting to Yes:
Negotiating Agreement Without Giving In
Penguin Books (1991).
Krivis, J., Improvisational Negotiation:
A Mediator’s Stories of Conflict about Love, Money,
Anger – and the Strategies that Resolved Them
Lax, D.A. and J.K. Sebenius, The Manager as Negotiator
Free Press (1986).
Lewicki, Roy J., D. Sanders, and B. Barry, Negotiation
, 5th edition.
Lipsky, D.B., R. Seeber, and R. Fincher, Emerging Systems for Managing Workplace Conflict
McCorkle, S., Mediation Theory and Practice
Pearson/Allyn and Bacon (2005).
Moore, Christopher W., The Mediation Process:
Practical Strategies for Resolving Conflict