Advanced Introduction to Alternative Dispute Resolution

Carrie Menkel-Meadow, Distinguished and Chancellor's Professor of Law and Political Science, University of California Irvine Law School, Irvine, California, USA

• Contents1 Introduction: History and definitions of the field – whatis the “A” in ADR?1.1 Definition—what is the “A” in ADR?1.2 A brief history of the field: Of theories andpractices1.3 ADR in the legal system1.4 Outline of the book2 The foundational structures of dispute resolution2.1 Introduction to structures of dispute resolution2.2 Characteristics of different forms of disputeresolution2.3 Descriptions of dispute resolution processes2.4 Compliance, enforcement, regulation of disputeresolution processes3 Negotiation: Models and behaviors3.1 What is negotiation and when do we do it?3.2 The science and art of negotiation3.3 Conventional negotiation: Competition withassumed scarcity3.4 Problem solving or integrative negotiation: Seekingjoint gain and improved conditions with analysis3.5 Behavioral issues in negotiation3.6 The complexity of numbers in negotiation3.7 Enforcing agreements, trust and morality3.8 Frameworks of negotiation: Competitive(distributive), integrative, accommodative andmixed4 Mediation: Aspirational and actual4.1 What is mediation?4.2 Facilitative mediation4.3 Tools, techniques and skills of mediators4.4 Evaluative mediation4.5 Other forms of mediation4.6 Hybrid models of mediation4.7 Legal and policy issues in the uses of mediation—public and private dispute resolution4.8 Enforcement of mediation agreements4.9 Professional standards, liability and ethics4.10 International mediation4.11 Other uses of mediation5 Arbitration: Public, private and hybrid5.1 What is arbitration? And its history5.2 Arbitration as consensual process: Formingagreements, contracts and law5.3 Types of arbitration5.4 The processes of arbitration: Rules, awards andprocedures5.5 Enforcement and vacatur of arbitration awards5.6 Issues and controversies in use of arbitration5.7 Reforms for arbitration6 Adjudication: Public dispute resolution 6.1 What is adjudication? Is a court required?6.2. Jurisdiction6.3 Formality, rules and procedures 6.4 Reasoned decisions and the rule of law 6.5 Appeals and review 6.6 Judges6.7 Courts and ADR6.8 Administrative tribunals7 Complex multi-party, multi-issue dispute resolution7.1 When disputes get complicated7.2 The problem of numbers7.3 The complexity of alternatives with many parties7.4 Challenges of multi-party dispute resolution:Coalitions, alliances, commitments, defections andholdouts7.5 Structures of process for multi-party and multiissue dispute resolution8 Hybrid forms of dispute resolution8.1 Process pluralism and the hybridization of disputeresolution8.2 The jurisprudence of hybrid processes8.3 Mediation-arbitration (med-arb) 8.4 Arbitration-mediation (arb-med) 8.5 Mini-trials, summary jury trials, summary judgetrials 8.6 Early neutral evaluation8.7 Mandatory settlement conferences (MSC) 8.8 Court annexed-mandated arbitration or mediationprocesses 8.9 Special masters 8.10 Rent-a-judge 8.11 Ombuds8.12 Negotiated rule making (reg-neg) 8.13 Facilitated decision making (consensus building) 8.14 Dispute System Design8.15 Claims facilities8.16 Restorative justice—truth and reconciliationcommissions and transitional justice8.17 Hybridity and process pluralism—a good thing?How do we know?9 Dispute resolution and technology: Online disputeresolution (ODR) and artificial intelligence (AI) 9.1 Early forms of ODR: From private commerce topublic courts 9.2. ODR Systems: Dispute System Design 9.3 Artificial intelligence and dispute resolution 9.4 Access to justice with digitized justice: Advantagesand concerns 9.5 The ethics of ODR/AI 10 Conclusion: Opportunities and challenges for disputeresolution 10.1 The evolution of dispute resolution—will courts oflaw and the rule of law survive? 10.2 Modern dispute resolution: The interface of personsand machines: Process pluralism and hybridity 10.3 Purposes of dispute resolution 10.4 The future of dispute resolution?

‘Menkel-Meadow does it again! She masterfully distills the rich historical roots of today’s pluralistic dispute resolution landscape, while offering a lucid account of contemporary practice and a compelling vision of what lies ahead. Rejecting a “one size fits all” approach, the book highlights the central role of context and procedural variation in shaping disputants’ experiences and outcomes, as well as broader societal goals. It offers a compelling alternative to a dichotomous, competitive worldview: a relational vision of dispute resolution grounded in peace and human flourishing.’