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Recommended Resources

Below you will find a listing of recommended books and materials relevant to Arbitration and Mediation. Note that if you buy reference books linked to Amazon through our web site, Amazon will pay the Center a small referral fee.The cost to you is the same, so order through the links below and benefit the Center when you buy Arbitration and Mediation books.

Book Selection
Alternative Dispute Resolution Procedures in Alabama with Mediation Model
Alternative Dispute Resolution Procedures in Alabama with Mediation Model (pdf)

NEW! Alternative Dispute Resolution Procedures in Alabama with Mediation Model (pdf), aka the Gold Handbook, is available for download as a pdf file! This is the third edition of the handbook first published in 1994. Alternative Dispute Resolution (ADR) is increasingly used to resolve disputes before a lawsuit is filed, in the trial stage, and at the appellate level. Building on the work of the earlier ADR Committees, the 2012 Dispute Resolution Section continues to work diligently to inform, educate, and promote ADR throughout the state.

 

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Arbitration

Bennett, Steven C., Arbitration: Essential Concepts. NY. ALM Publishing, 2002.

Born, Gary. International Commercial Arbitration: Commentary and Materials. 2nd ed. Transnational Publisher, 2001.

Brown, Laura F., ed. The International Arbitration Kit. Fourth Edition. New York: American Arbitration Association, 1993.

Carbonneau, Thomas E. Cases and Materials on International Litigation and Arbitration (American Casebook Series). Thomson West, 2005.

Carbonneau, Thomas E. Arbitration in a Nutshell (Nutshell Series). St. Paul, MN. Thompson/West, 2007.

Colley, John W. The Arbitrator’s Handbook. South Bend: NITA, 1998.

Derains, Yves and Schwartz, Eric. A Guide to the ICC Rules of Arbitration, 2nd Edition Revised. CN the Hague, The Netherlands. Kluwer Law International, 2005.

Elkouri & Elkouri. How Arbitration Works: Elkouri & Elkouri. Edison, NJ: BNA, 2003, 2008 Supplement.

Goodman, Allan H. Basic Skills for the New Arbitrator, Second Edition. Rockville, MD. Solomon Publishing, 2004.

Lowenfeld, Andreas F. International Litigation and Arbitration (American Casebook Series) . 3rd ed. Thomson West Publisher, 2005.

Rau, Alan Scott Sherman, Edward F. Peppet, Scott. Arbitration (University Casebook). 3rd ed. Foundation Press, 2006.

Reisman, W. Michael and Craig, W. Laurence and Park, William W. and Paulsson, Jan. International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes : Documentary Supplement (University Casebook Series). West Publishing Co, 2001.

Ruben, Alan Miles. How Arbitration Works: Elkouri & Elkouriorks. 6th ed. ABA- Section of Labor & Employment Law, 2003.

Reuben, Richard C. “Confidentiality in Arbitration: Beyond the Myth.” Kansas Law Review. 2006. Vol. 54:1255-1259.

Varady, Tibor and Barcelo, John J. and Von Mehren, Arthur Taylor. 2006 Documents Supplement to International Commercial Arbitration (American Casebook Series). 3rd ed. Thompson/West, 2006.

Wolf, Mark D. “It’s 'ACES': An Alternative Billing Model that Really Works.” Alternatives to the High Cost of Litigation. December 2006.

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Law Reviews & Periodicals

Alternatives to the High Cost of Litigation, CPR International Institute for Conflict Prevention and Resolution. Wiley Inter Science. www.interscience.wiley.com www.cpradr.org.

Conflict Resolution Quarterly, Association for Conflict Resolution. Wiley Subscription Series at Jossey – Bass. www.ACRnet.org.

Dispute Resolution Magazine, ABA Section of Dispute Resolution. www.aba.net/org/dispute.

Dispute Resolution Journal, American Arbitration Association. www.adr.org.

Harvard Negotiation Law Review, Program on Negotiation at Harvard Law School, and the President and Fellow of Harvard College, Cambridge, MA. www.pon.harvard.edu/publications/hnlr.php

Journal of Dispute Resolution, University of Missouri – Columbia School of Law in conjunction with the Center for the Study of Dispute Resolution. www.law.missouri.edu/csdr/journal/

Negotiation, Program on Negotiation at Harvard Law School. www.pon.harvard.edu

Ohio State Journal on Dispute Resolution, Ohio State University Moritz College of Law in Cooperation with the ABA Section of Dispute Resolution, Columbus, Ohio. moritzlaw.osu.edu/jdr/

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Mediation & ADR in General

Alabama Judges' Mediation Bench Book - 2009
The Alabama Judges' Mediation Bench Book - available here as a free PDF file.

Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law

Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law

Early Neutral Evaluation cover
Early Neutral Evaluation

ABA Bookstore

Alabama Judges Mediation Bench Book. The Alabama Judges' Mediation Bench Book is available here as a free PDF file. Download as a PDf file.

Abramson, Harold I. Mediation Representation: Advocating in a Problem-Solving Process. Notre Dame: The National Institute for Trail Advocacy, 2004.

Alfini, James J. and Galton, Eric R. ADR Personalities and Practice Tips. Washington: ABA, 1998.

Arthur, Jim and Carlson, Christine and Moore, Lee. A Practical Guide to Consensus. Bismarck: PCI, 1999.

Adler, Peter. "The Future of Alternative Disputer Resolution: Reflections on ADR as a Social Movement". In The Possibility of Popular Justice; a Case Study of Community Mediation in the United States, edited by Sally Engle Merry and Neal Milner. Ann Arbor: University of Michigan Press, 1993.

Augsberger, David W. Conflict Mediation Across Cultures: Pathways and Patterns. Louisville: Westminister/John Knox, 1992.

Baer, Hon Harold, Jr., Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law, ABA Section of Dispute Resolution, January 2011. This slim volume seeks to illustrate what can happen when the judiciary is stripped of its independence and prevented from following the rule of law. While it provides some lessons from foreign nations where the rule of law has been sublimated to opportunistic leaders, it also provides a chilling reminder that it can happen here.

Beer, Jennifer E. and Stief, Eileen. Mediator’s Handbook, 3rd ed, Garbiola Island: New Society Publication, 1997.

Boulle, Laurence J., Colatrella Jr., Michael T. and Picchioni, Anthony P. Mediation: Skills and Techniques, Albany: LexisNexis, 2008.

Brazil, Wayne D., Early Neutral Evaluation, Alabama Bar Assn Sec of Dispute Resolution, January 2012. This valuable guide is a tool to teach lawyers, litigants, neutrals, judges, court program administrators, and public policy analysts what early neutral evaluation (ENE) consists of, why and under what circumstances it can be used most productively, the difference between it and mediation.

Bush, Robert A. Baruch and Folger, Joseph P. The Promise of Mediation: The Transformative Approach to Conflict. San Francisco: Jossey-Bass, Inc., 2004.

Carpenter, Susan L. and Kennedy, W.J.D. Managing Public Disputes: A Practical Guide to Handling Conflict and Reaching Agreements (Jossey-Bass Management Series). San Francisco: Jossey-Bass Inc.,1988.

Cole, Sarah R. Mediation: Law, policy, practice (Trial practice series), 2nd ed, Ohio: Thomson & West, 2005.

Costantion, Cathy A. and Merchant, Christina Sickles. Designing Conflict Management Systems: A Guide to Creating Productive and Healthy Organizations (Jossey-Bass Conflict Resolution Series). San Francisco: Josey-Bass Publishers, 1996.

Davidson, Jonathan and Dlaussen, Anne and Beardall, Hal and Baker, Jami. State Agency Administrative Dispute Resolution Pilot Project: Report to the Governor July 2000. Florida: Florida Conflict Resolution Consortium, 2000.

Edmond, D.P. ed. Commercial Dispute Resolution: Alternatives to Litigation. Aurora: Canada Law Book, Inc., 1989.

Galton, Eric. Representing clients in mediation. Dallas: Lawyer Press, 2nd printing, 2000.

Book Selections

Stories Mediators Tell
Stories Mediators Tell
Discounted at the ABA Web Book Store!

Mediating Legal Disputes: Effective Strategies for Neutrals and Advocates
Mediating Legal Disputes: Effective Strategies for Neutrals and Advocates

Galton, Eric and Love, Lela P. Stories Mediators Tell, Alabama Bar Association, Section of Dispute Resolution, ISBN: 978-1-61438-356-7, February 2012. Stories Mediators Tell is a collection of inspirational stories shared by experts in the field who want others to experience the art of mediation. The authors are motivated by the belief that mediation is not well understood--even its practitioners are often limited to their own experience, particularly given confidentiality strictures. Order on the ABA web site.

Galanter, M., and M. Cahill. “Most Cases Settle: Judicial Promotion and Regulation of Settlements.” Stanford Law Review 46 (1993-1994): 1339.

Golann, Dwight, Mediating Legal Disputes: Effective Strategies for Neutrals and Advocates

Goldberg, Stephen B. and Sander, Frank E.A. and Rogers, Nancy H. Dispute Resolution: Negotiation, Mediation, and Other Processes. Boston: Little, Brown and Company, 1992.

Goodman, Allan H. Basic Skills for the New Mediator, Second Edition, 2nd ed, Rockport: Solomon Publishers, 2004.

Grenig, Jay E. Alternative Dispute Resolution, 3rd ed. Milwaukee: Thomson & West, 2005

Hartman, Susan D. Adult Guardianship Mediation Manuel. Ann Arbor: The Center for Social Gerontology, Inc., 1996.

Haynes, John M. Mediating Divorce: Casebook of Strategies for Successful Family Negotiations (Jossey Bass Social and Behavioral Science Series). San Francisco: Jossey-Bass Publisher, 1989.

Haynes, John M. The Fundamentals of Family Mediation (S U N Y Series in Transpersonal and Humanistic Psychology). Albany: State University of New York Press, 1994.

Kolb, Deborah M. and Associates. When Talk Works: Profiles of Mediators (Business/Management). San Francisco: Jossey-Bass Publishers, 1994.

Kovach, Kimberlee K. Mediation: Principles and Practice (American Casebook Series), 2nd ed. St. Paul: West Group, 2004.

Krivis, Jeffrey and Lucks, Naomi. How To Make Money as a Mediator (And Create Value for Everyone): 30 Top Mediators Share Secrets to Building a Successful Practice. San Francisco: 2006. Get for Kindle at How To Make Money as a Mediator (And Create Value for Everyone): 30 Top Mediators Share Secrets to Building a Successful Practice.

Lang, Michael, and Alison Taylor. The Making of a Mediator: Developing Artistry in Practice. San Francisco: Josey Bass, 2000.

Lewis, Michael L. Insights & Guidance from Two Decades of Practice. Washington: NIDR, 1991.

Former Book Selection

Making Money Talk
Making Money Talk

Little, Anderson J. Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes. Illinois: ABA Publishing, 2007.

Love, Lela Porter and Schneider, Andrea Kulfer. Mediation: Practice, Policy, And Ethics. NY: Aspen Publisher, 2006. Teachers Guide at Mediation: Practice, Policy, and Ethics (Teacher's Manual and Simulation Materials).

Loveheim, Peter and Guerin, Lisa. Mediate, Don’t Litigate. Berkeley: Nolo, 2004.

Lovenheim, Peter and Dokow, Emily. Becoming A Mediator: Your Guide To Career Opportunities. Berkeley: Nolo, 2004.Get for Kindle Reader at Becoming A Mediator: Your Guide To Career Opportunities.

Marcus, Leonard J. Renegotiating Health Care: Resolving Conflict to Build Collaboration. San Francisco: Jossey-Bass Inc., 1995.

Madigan, Denise and McMahon, Gerald and Susskin, Lawrence and Rolley, Stephanie. New Approaches to Resolving Local Public Disputes. Washington: NIDR, 1990.

McCorkle, Suzanne and Reese, Melanie J. Mediation Theory and Practice. Boston: Allyn & Bacon, 2005.

Moore, Christopher W. The Mediation Process: Practical Strategies for Resolving Conflict. San Francisco: Jossey-Bass Inc, 1986.

Mosten, Forrest S. Mediation Career Guide: A Strategic Approach to Building a Successful Practice. San Francisco: Jossey-Bass Publisher, 2001.

Nelles, Andreas. “Making Mediation Mandatory: A Proposed Framework“. Journal on Dispute Resolution. 7(2) (1992): 287-313.

Ordover, Abraham. Alternatives to Litigation, Mediation, Arbitration and the Art of Dispute Resolution. Notre Dame: NITA, 1993.

Phillips, Barbara A. Finding Common Ground: A Field Guide to Mediation. Austin: Hell Canyon Publishing, 1994.

Former Book Selection

The Corporate Counsel's Guide to Mediation
The Corporate Counsel's Guide to Mediation

Poon,  Gary P., The Corporate Counsel's Guide to Mediation , ISBN 978-1-60442-646-5, January 2010. Discounted at the ABA Web Store . Also available at Amazon, The Corporate Counsel's Guide to Mediation, and other booksellers.

Sande, Ken. The Peacemaker: A Biblical Guide to Resolving Personal Conflict, 3rd ed. Grand Rapids: Baker Books, 2004. Get for Kindle at The Peacemaker: A Biblical Guide to Resolving Personal Conflict.

Scanlon, Kathleen. Mediator's deskbook. New York: CPR Institute for Dispute Resolution, Inc, 1999.

Slaikeu, Karl A. When Push Comes to Shove: A Practical Guide to Mediating Disputes (Jossey-Bass Conflict Resolution Series). San Francisco: Jossey-Bass Publishers 1996.

Susskind, L.E., S. McKearnan, and J. Thomas-Larmer, J., eds. The Consensus Building Handbook: A Comprehensive Guide to Reaching Agreement. Thousand Oaks: Sage, 1999.

Van Winkle, John R. Mediation: A Path Back for the Lost Lawyer. Chicago: ABA Section of Dispute Resolution, 2004.

Weller, Steven and Martin, John A. Culturally responsive alternative dispute resolution for Latinos. Denver: SJI, 1996.

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Negotiation

Book Selection
 

Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond
Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond

Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money
Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money

Camp, Jim. Start with NO...The Negotiating Tools that the Pros Don't Want You to Know. Crown Publisher. 2002.

Cialdini, Robert B., Ph D. Influence: The Psychology of Persuasion (Collins Business Essentials): New York. William Morrow and Company, 1984, 1993.

Cooley, John W. (Jack). Creative Problem Solver's Handbook for Negotiators and Mediators, Volume One. ABA Section of Dispute Resolution. 2005

Cooley, John W. (Jack). Creative Problem Solver’s Handbook for Negotiators and Mediators, Volume II. ABA Section of Dispute Resolution. 2005

Fisher, Roger and Shapiro, Daniel. Beyond Reason: Using Emotions as You Negotiate. New York. Penguin Group 2005. Get it for Kindle at Beyond Reason: Using Emotions as You Negotiate.

Fisher, Roger and Ury, William. Getting to Yes: Negotiating Agreement Without Giving In. New York. Penguin Group. 2nd edition 1991. Get it for Kindle at Getting to Yes.

Frascogna, Xavier M. and Hetherington, H. Lee. The Lawyer’s Guide to Negotiation: A Strategic Approach to Better Contracts & Settlement. 2nd Ed. ABA Section of General Practice, Solo and Small Firm Section. 2001.

Hall, Laviana, ed. Negotiation: Strategies for Mutual Gain. Sage Publication, Inc. 1993.

Harvard Business Essentials Guide to Negotiation: Your Mentor and Guide to Doing Business Effectively. Boston: Harvard Business School Publication. 2003.

Harvard Business Review. Harvard Business Review on Negotiation and Conflict Resolution. Harvard Business School Publisher. Boston. MA. 2000.

Lande, John, Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money, ABA Section of Dispute Resolution, January 2011. To help you in your negotiations, this guide discusses how you can be more successful using planned early negotiations. The strategies in this book can help you become a more effective negotiator, which can increase your professional satisfaction, generate good will, relieve stress, and increase your effective billing rates with creative fee arrangements. This book is not only about negotiation -- it outlines a general approach to practicing law.

Lax, David A. and Sebenius, James K. 3-d Negotiation: Powerful Tools to Change the Game in Your Most Important Deals. Boston, MA. Harvard Business School Publishing. 2006.

Levine, Robert, PhD. The Power of Persuasion: How We're Bought and Sold. New Jersey. John Wiley & Sons, Inc. 2003.

Lewicki, Roy J. and Barry, Bruce and Saunders, David M. Negotiation: McGraw-Hill 2005.

Lewicki, Roy J. and Barry, Bruce and Saunders, David M. Negotiation: Readings, Exercises, and Cases. McGraw-Hill 2006.

Mayer, Robert. How to Win Any Negotiation: Without Raising Your Voice, Losing Your Cool, or Coming to Blows. NJ. Career Press. 2006. Get for Kindle at How to Win Any Negotiation: Without Raising Your Voice, Losing Your Cool, or Coming to Blows.

Meierding, Nina and Schau, Jan Frankel. 2007. Negotiating Like a Woman: How Gender Impacts Communication between the Sexes. http://Mediate.com/pfriendly.cfm?id=2629.

Patton, Bruce M. and Ury, William L. Getting to Yes: Negotiating Agreement Without Giving In. NY. Penguin Books. 1991.

Ross, George H. Trump-Style Negotiation: Powerful Strategies and Tactics for Mastering Every Deal. NJ. John Wiley & Sons. 2006.

Schneider, Andrea K. and Honeyman, Christopher. The Negotiator’s Fieldbook: The Desk Reference for the Experienced Negotiator. ABA Section on Dispute Resolution. 2006.

Shell, G. Richard. Bargaining for Advantage: Negotiation Strategies for Reasonable People 2nd Edition. 2nd ed. NY. Penguin Books. 2006. Get it for Kindle atBargaining for Advantage: Negotiation Strategies for Reasonable People 2nd Edition.

Stark, Peter B. and Flaherty, Jane. The Only Negotiating Guide You'll Ever Need: 101 Ways to Win Every Time in Any Situation. Broadway Books. 2003. Get it for Kindle at The Only Negotiating Guide You'll Ever Need: 101 Ways to Win Every Time in Any Situation.

Tesler, Pauline H. Collaborative Law, Second Edition: Achieving Effective Resolution Without Litigation . ABA Section of Family Law. 2001.

Ury, William. Getting Past No. NY Bantam Books. 1993. Get it for Kindle at Getting Past No.

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