Fed up with the expense and slow pace of civillitigation, corporate and individual disputants alike are increasinglyturning to various forms of Alternative Dispute Resolution to helpredress their grievances. ADR is a broad construct, encompassingmediation, arbitration, and any other form of formalized disputeresolution except litigation. Congress recently required thefederal district courts to drastically expand their use of ADR, andmore and more law firms are turning to ADR as a cost-effectivealternative to litigation. Nonetheless, in many ways, ADR'seffectiveness remains largely untested. This dissertation maps out anapproach to civil dispute resolution that identifies and managesdisputants' non-rational, covert motives and interests involvedwithout resorting to litigation. It is particularly concerned with threerelated areas of inquiry. First, it aims to identify and addressdisputants' true needs and goals. Second, it examines bias and irrationalthinking, and looks at the ways in which these factors may impedenegotiations. Finally, it proposes a new strategic approach tomediation that bolsters both its effectiveness and efficiency.
Fed up with the expense and slow pace of civillitigation, corporate and individual disputants alike are increasinglyturning to various forms of Alternative Dispute Resolution to helpredress their grievances. ADR is a broad construct, encompassingmediation, arbitration, and any other form of formalized disputeresolution except litigation. Congress recently required thefederal district courts to drastically expand their use of ADR, andmore and more law firms are turning to ADR as a cost-effectivealternative to litigation. Nonetheless, in many ways, ADR'seffectiveness remains largely untested. This dissertation maps out anapproach to civil dispute resolution that identifies and managesdisputants' non-rational, covert motives and interests involvedwithout resorting to litigation. It is particularly concerned with threerelated areas of inquiry. First, it aims to identify and addressdisputants' true needs and goals. Second, it examines bias and irrationalthinking, and looks at the ways in which these factors may impedenegotiations. Finally, it proposes a new strategic approach tomediation that bolsters both its effectiveness and efficiency.
The acquisition of intersubjectivity, as the result of semiotic mediation and social mediation, is the critical issue in moral education. As Vygotsky lamented, morality is beginning to acquire an...
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