As land use issues become more complex, public officials must work harder to balance the contending forces of environmental protection, economic development, and local autonomy. This guidebook, developed by the Consensus Building Institute, offers step-by-step advice on assisted negotiation based on a study of 100 local land use disputes. It addresses why and how to use assisted negotiation, the risks and preparations involved, and issues in hiring a professional mediator or facilitator.
Land use planning in America began with a concern for the efficient allocation of land, but has shifted to a concern for procedural fairness in allocating public resources, which requires increased stakeholder participation. As outlined in this policy focus report, research has shown that consensus building produces more satisfying outcomes by preparing parties to deal with their differences in the future, gain confidence in the role of government, and empower themselves and others to take greater responsibility for land use decisions that affect them.
This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Publication of the Handbook of Group Decision and Negotiation marks a milestone in the evolution of the group decision and negotiation (GDN) eld. On this occasion, editors Colin Eden and Marc Kilgour asked me to write a brief history of the eld to provide background and context for the volume. They said that I am in a good position to do so: Actively involved in creating the GDN Section and serving as its chair; founding and leading the GDN journal, Group Decision and Negotiation as editor-in-chief, and the book series, “Advances in Group Decision and Negotiation” as editor; and serving as general chair of the GDN annual meetings. I accepted their invitation to write a brief history. In 1989 what is now the Institute for Operations Research and the Management Sciences (INFORMS) established its Section on Group Decision and Negotiation. The journal Group Decision and Negotiation was founded in 1992, published by Springer in cooperation with INFORMS and the GDN Section. In 2003, as an ext- sion of the journal, the Springer book series, “Advances in Group Decision and Negotiation” was inaugurated.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
The days of rationalist scientific management and deference to official data are behind us. The credibility of experts and the information they provide are regularly challenged; officials are routinely provided with conflicting sets of facts as they plan and make decisions; and decision makers and stakeholders alike are largely skeptical that technical information will adequately account for the various interests and concerns and lead to the right outcomes. They struggle to reconcile technical information with other forms of knowledge, and differing interests, priorities and perspectives. Issues like climate change are complicating matters even further, as scientists and technicians must increasingly acknowledge the uncertainty and potential fallibility of their findings, and highlight the dynamic nature of the systems they are explaining. This book examines how groups looking to plan and make decisions in any number of areas can wade through the imperfect and often contradictory information they have to make fair, efficient, wise and well-informed choices. It introduces an emerging and very promising approach called joint fact-finding (JFF). Rather than each stakeholder group marshaling the set of facts that best advance their respective interests and perspectives while discrediting the contradictory facts others provide, groups are challenged to collaboratively generate shared sets of facts that all parties accept. This book introduces readers to the theory of JFF, the value it can provide, and how they can adopt this approach in practice. It brings together writings from leading practitioners and scholars from around the world that are at the forefront of the JFF approach to science intensive policymaking, urban planning, and environmental dispute resolution. The first set of chapters outlines the concept of JFF, and situates it within other bodies of theory and practice. The second set of case-based chapters elucidates how JFF is being applied in practice. This book delivers a new perspective to scholars in the field of public policy, urban planning, environmental studies, and science and technology studies, as well as public officials, technical experts, policy consultants, and professional facilitators.
