Mastering Mediation

Fed up with the expense and slow pace of civil§litigation, corporate §and individual disputants alike are increasingly§turning to various §forms of Alternative Dispute Resolution to help§redress their §grievances. ADR is a broad construct, encompassing§mediation, §arbitration, and any other form of formalized dispute§resolution §except litigation. Congress recently required the§federal district §courts to drastically expand their use of ADR, and§more and §more law firms are turning to ADR as a cost-effective§alternative to §litigation. Nonetheless, in many ways, ADR's§effectiveness remains §largely untested. This dissertation maps out an§approach to civil §dispute resolution that identifies and manages§disputants' non-§rational, covert motives and interests involved§without resorting to §litigation. It is particularly concerned with three§related areas of §inquiry. First, it aims to identify and address§disputants true needs §and goals. Second, it examines bias and irrational§thinking, and §looks at the ways in which these factors may impede§negotiations. §Finally, it proposes a new strategic approach to§mediation that §bolsters both its effectiveness and efficiency.