Bibliography of Dispute Resolution - Books, Journals and Other Materials

Selected Articles on Collaborative Practice - Published in Journals

Sherrie R. Abney, Collaborative Resolution of Civil Disputes: New Opportunities for Mediators, Alternative Resolutions (2005).  A copy of the article is available here.

Sherrie R. Abney, A New Way of Doing Business, Collaboration.  A copy of the article is available here.

Sherrie R. Abney, Why is the Participation Agreement Necessary? A copy of the article is available here.

Sherrie R. Abney, The Addendum to the Civil Collaborative Participation Agreement.  A copy of the article is available here.

Debra E. Branom, Exploring Collaborative Law, Counsel to Counsel (2006). A copy of the article is available here.

Kathy A. Bryan, Why Should Businesses Hire Settlement Counsel? Journal of Dispute Resolution (2008). A copy of the article is available here.

Kathleen Clark, Collaborative Law- Disclosure is Effective on Several Fronts, PRF News, the Newsletter of Physicians Reimbursement Fund, Inc. (July 2009). A copy of the article is available here.

Kathleen Clark, The Use Collaborative Law in Medical Error Situations, 19 The Health Lawyer 19 (2007). A copy of the article is available here.

Gay G. Cox, Avoiding the Trauma of Courtroom Drama, The Journal of Oncology Practice (2006). A copy of the article is available here.

Karen S. Fasler, Combining Collaborative Law and Patient Safety Programs: A Proposal for the Use of Parallel Processes to Facilitate Early Detection of Safety Issues and Early Reparation for Injury-Causing and Near Miss Episodes, Alternative Resolutions (2007). A copy of the article is available here.

R. Paul Faxon, Resolving Real Estate Disputes: The Case for Collaborative Law, Banker & Tradesman (June 14, 2004). A copy of the article is available here.

R. Paul Faxon and Michael Zeytoonian, Prescription For Sanity in Resolving Business Disputes: Civil Collaborative Practice in a Business Restructuring Case, Collaborative Law Journal (Fall 2007). A copy of the article is available here.

Kevin Fuller, Collaborative Law: What is it? Why do it?  Texas Collaborative Law Council, Inc. (2004). A copy of the article is available here.

Ronald Gilson & Robert Mnookin, Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation, 94 Colum. L. Rev. 2 (March 1994)

Richard A. B. Gliner, Using Collaborative Law to Resolve Disputes in Family Businesses, FFI Practitioner (November 2009).  A copy of the article is available here.

David A. Hoffman, Collaborative Law in the World of Business, The Collaborative Review, vol. 6, no. 3 (Winter 2003). A copy of the article is available here.

David Hoffman and Pauline Tesler, Collaborative Law and the Use of Settlement Counsel, in Bette Roth ed., The Alternative Dispute Resolution Practice Guide (2002). A copy of the article is available here.

John Lande, Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 Ohio St. J. on Disp. Resol. 619 (2007). A copy of the article is available here.

Nicole T. LeBoeuf, The Front Edge of the Wave, PLUS Journal (2007). A copy of the article is available here.

Julie MacFarlane, The Emerging Phenomenon of Collaborative Family Law, Department of Justice, Canada (2005).  A copy of the article is available here.

Lawrence R. Maxwell, Jr., The Development of Collaborative Law, Alternative Resolutions (2007). A copy of the article is available here.

Lawrence R. Maxwell, Jr. and William B. Short, Jr., Collaborative Law: It's Here and the ConsensusDocs Are, Too, Construction Law Journal (Winter 2008). A copy of the article is available here.

Lawrence R. Maxwell, Jr., The Uniform Collaborative Law Act: It’s Here, Alternative Resolutions (Fall 2009). A copy of the article is available here.

Robert Mnookin & Lewis Kornhauser, Bargaining in the Shadow of the Law: The Case of Divorce, 88 Yale L.J. 950 (1979).

John Lande and Forrest Mosten, Collaborative Lawyers’ Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients’ Informed Consent to Use Collaborative Law, 25 Ohio St. J. Disp. Res. (forthcoming 2010). A copy of the article is available here.

Ruth Rickard, Authentic Lawyering: Engaging Your Head and Your Heart, Michigan Bar Journal (June 2008). A copy of the article is available here.

Chip Rose, Wrestling with the Model, Collaborative Review (Journal of the International Academy of Collaborative Professionals) (2002).  A copy of the article is available here.

Norman Solovay and Lawrence R. Maxwell, Jr., Why a Uniform Collaborative Law Act? New York Dispute Resolution Lawyer Vol. 2, No. 1 (2009). A copy of the article is available here.

Pauline Tesler, Collaborative Law Neutrals Produce Better Resolutions, 21 Alternatives (2003).

Pauline Tesler, Collaborative Law: A New Paradigm for Divorce Lawyers, Psychol. Pub. Pol’y & L. (1999).

Pauline H. Tesler, Collaborative Law: What it is and Why Family Law Attorneys Need to Know About it, American Journal of Family Law (1999).

Pauline Tesler, Collaborative Law: Practicing Without Armor, Practicing With Heart, in M. Silver, ed. The Affective Assistance of Counsel (2007).

Pauline Tesler, Mediators and Collaborative Lawyers: Where We Are, Where We’re Headed, And Shall We Travel Together? Fam. Med. News (2003).

Stu Webb, Collaborative Law – A Conversation: Why Aren’t Those Divorce Lawyers Going to Court? The Hennepin Lawyer (1996).

Michael A. Zeytoonian, Who Are These Guys? Collaborative Law Journal (Winter, 2004).  A copy of the article is available here.

Books on ADR

J. Alfini & E. Galton, eds., ADR Personalities and Practice Tips (American Bar Association, 1998).

Jerome Barrett, A History of Alternative Dispute Resolution: The Story of a Political, Cultural and Social Movement (2004).  [The first thorough history of the field, examining the roots of labor-management ADR, community mediation, and the use of ADR in the courts.]

R. Fisher & W. Ury, Getting to Yes, 2nd Edition (Penguin Books, 1991).

Stephen Goldberg, Frank Sander, & Nancy Rogers, Dispute Resolution: Negotiation, Mediation, and Other Processes (Aspen Publishers, Inc., 5th edition 2007).  [This is the first law school casebook on dispute resolution – first issued in 1985, before there were any cases; now there are lots of cases excerpted, and it remains the leader in the field, in part because of its distinguished authors.]  Fifth edition in 2007

D. Hoffman & D. Matz, Massachusetts Alternative Dispute Resolution (Butterworth Legal Publishers, 1994). (We have copies of this book available on CD-ROM – contact us for details)

• "Mediation," an excerpt from David Hoffman and David Matz, Massachusetts Alternative Dispute Resolution (1994). (This is chapter eight – it describes mediation and provides advice for both mediators and advocates about techniques for making the best use of mediation.)

• "Arbitration," an excerpt from David Hoffman and David Matz, Massachusetts Alternative Dispute Resolution (1994). (This is chapter ten – it describes arbitration, discusses the laws regulating arbitration, and provides advice for advocates about making the best use of arbitration.)

Bernard Mayer, Beyond Neutrality: Confronting the Crisis in Conflict Resolution (2004).  [Mayer is one of the pioneers in the mediation field and he argues that our focus on a neutral role – a self-imposed restriction – has kept us from helping people with a variety of other roles, including advocacy.]

Michael Moffitt & Robert Bordone, The Handbook of Dispute Resolution (2005).  [A series of essays from leading practitioners on all aspects of dispute resolution, from basics to the less familiar, such as ombuds work, online dispute resolution, and victim-offender mediation.]

J. Nolan-Haley, ADR in a Nutshell (West Publishers, 1991).

B. Roth, R. Wulff & C. Cooper, The Alternative Dispute Resolution Practice Guide (2 vols.) (West 2006).

Books on Children and Divorce

R. Emery, Renegotiating Family Relationships: Divorce, Child Custody, and Mediation (The Guilford Press, 1994).

J. Folberg, ed., Joint Custody & Shared Parenting, 2nd Ed. (The Guilford Press, 1991).

R. Gardner, The Parents Book About Divorce, 2nd Ed. (Bantam Books, 1991).

C. Garrity & M. Bario, Caught in the Middle: Protecting the Children of High-Conflict Divorce (Jossey-Bass Publishers, 1994).

L. Girard, At Daddy's on Saturdays (Albert Whitman & Co., 1991).

N. Kalter, Growing up With Divorce: Helping Your Child Avoid Immediate and Later Emotional Problems (Fawcett Books, 1991).

V. Lansky, Divorce Book for Parents: Helping Your Children Cope with Divorce and Its Aftermath (Publishers Group West, 1996).

J. Lewis & W. Sammons, Don't Divorce Your Children: Children and Their Parents Talk About Divorce (Contemporary Books, 1999).

N. Long & R. Forehand, Making Divorce Easier on Your Child: 50 Effective Ways to Help Children Adjust (McGraw-Hill, 2002).

E. MacCoby & R. Mnookin, Dividing the Child: Social and Legal Dilemmas of Custody (Harvard University Press, 1992).

E. Menendez-Aponte, When Mom and Dad Divorce: A Kid's Resource (Abbey Press, 1999).

M. G. Neuman et al., Helping Your Kids Cope with Divorce the Sandcastles Way (Random House, 1999).

N. Palmer & W. Palmer, The Family Puzzle – Putting the Pieces Together: A Guide to Parenting the Blended Family (Piñon Press, 1996).

N. Palmer & A. Tangel-Rodriguez, When Your Ex Won't Pay: Getting Your Kids the Financial Support They Deserve (Piñon Press, 1995).

I. Ricci, Mom's House, Dad's House: Making Two Homes for Your Child, 2nd Ed. (Simon & Schuster, 1997).

M. Schneider & J. Zuckerberg, Difficult Questions Kids Ask (And Are Too Afraid To Ask) About Divorce (Simon & Schuster, 1996).

P. M. Stahl, Parenting After Divorce: A Guide to Resolving Conflicts and Meeting Your Children's Needs. (Impact Publishers, Inc., 2001).

E. Teyber, Helping Children Cope with Divorce (Jossey-Bass Publishers, 1992).

S. Thomas, Parents Are Forever: A Step-by-Step Guide to Becoming Successful Co-parents After Divorce (Springboard Publications, 1995).

Books about Collaborative Practice

Sherrie R. Abney, Avoiding Litigation: A Guide to Civil Collaborative Law (Trafford Publishing, 2006).  [This is the first, and to date only, book-length discussion of CP in the non-family arena.]

Janet Brumley & Lori Fairchild, Divorce without Disaster: Collaborative Law in Texas (PSG Books 2004).  [A description of collaborative law for a lay audience, with a focus on Texas practice.]

Nancy J. Cameron, Collaborative Practice: Deepening the Dialogue (Continuing Legal Education Society, 2004).  [This is an excellent book – I would describe it as CP 201 or 301 – in other words, a more advanced discussion, which will be useful for people who already know something about CP.]

Sheila M. Gutterman and a Panel of Collaborative Law Experts, Collaborative Law: A New Model for Dispute Resolution (Bradford Publishing Company, 2004).  [This provides a detailed introduction to the subject, with chapters written by different practitioners; some material is focused on Colorado, where the authors practice.]

Forrest S Mosten, Collaborative Divorce Handbook: Helping Families Without Going to Court (Jossey-Bass, 2009).  [This book will become available on November 2, 2009.  I have seen some portions of it and it looks very good.  The author is one of the pioneers in CP.]

Richard W. Shields, Judith P. Ryan, Victoria L. Smith, Collaborative Family Law: Another Way to Resolve Family Disputes (Thomson Carswell, 2003).  [A useful overview by three very experienced Canadian practitioners; this was the first book on CP published in Canada.]

Katherine Stoner, Divorce Without Court: A Guide to Mediation & Collaborative Divorce (NOLO; 2nd edition, 2009).  [This is written for a lay audience, as a guide to choosing mediation or collaborative law; it includes a step-by-step description of what happens in each and how to choose suitable professionals for these processes.]
Pauline H. Tesler, Collaborative Law: Achieving Effective Resolution in Divorce without Litigation (American Bar Association, 2nd ed. 2009).  [This is the first book-length treatment of CL.  The book is excellent and the author is one of the most experienced CP practitioners and trainers; it includes a disk with forms.]  Second edition 2009

Pauline H. Tesler and Peggy Thompson, Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues, and Move on with Your Life (Harper Paperbacks, 2007).  [This book describes the Collaborative Divorce model, in which there are coaches, a financial professional, and a child specialist in each case; Thompson, also a CP pioneer, is a psychologist, and there is useful material about emotional aspects of divorce.]

Stuart G. Webb and Ronald D. Ousky, The Collaborative Way to Divorce: The Revolutionary Method That Results in Less Stress, Lower Costs, and Happier Kids – Without Going to Court (Plume, 2007).  [This is an excellent book by two of the pioneers in the CP field – Stu Webb is the founder of the CP movement; the book includes useful forms.]

Books on Communication and the Psychological Aspects of Dispute Resolution

Robert Cialdini, Influence: The Psychology of Persuasion (1998).  [Cialdini synthesizes the lessons to be learned from a huge amount of social psychology experimentation and packages the lessons is a highly usable form; although the books was not written primarily for dispute resolvers, the applicability of its lessons will be readily apparent.  See in particular the section on reciprocity.]

Bill Eddy, High Conflict People in Legal Disputes (Janis 2005).  [The author is a lawyer, mediator, and clinical social worker, who provides lay readers with a valuable set of practical guidelines for dealing with personality disorders in clients and parties in conflict; his advice is organized as a set of skills: bonding, structure, reality testing, and consequences.]

Roger Fisher & Daniel Shapiro, Beyond Reason: Using Emotions as You Negotiate (2006).  [Instead of suppressing or redirecting emotions, Fisher and Shapiro suggest addressing them directly but focusing on the core concerns that underlie the emotions: autonomy, affiliation, appreciation, role, and status.]

Carol Gilligan, In a Different Voice: Psychological Theory and Women’s Development (1982).  [This is the pioneering work that explores how gender influences our moral development and the way we frame moral choice – e.g., whether it is influenced by relational world-view or a rights-based perspective.]

Daniel Goleman, Emotional Intelligence (1995).  [Goleman identifies several clusters of competence – self-awareness, self-control, social awareness, and social control (their EQ) – that he finds are even more powerful predictors of success in individuals than their intellectual prowess (their IQ).]

D. Goleman, Working with Emotional Intelligence (Bantam Books, 2000).

Doug Stone, Bruce Patton & Sheila Heen, Difficult Conversations: How to Discuss What Matters Most (1999).  [The authors apply the lessons of “Getting to Yes” and turn to the question of how to negotiate successfully when the parties’ reactions are shaped by perceived threats to their core identity; a methodology is suggested for moving from the “what happened” conversation, to the “feelings” conversation to the “identity” conversation.]

Books on Conflict Resolution

K. Arrow et al., eds., Barriers to Conflict Resolution (W.W. Norton & Co., 1995).

M. LeBaron, Bridging Troubled Waters: Conflict Resolution from the Heart (Jossey-Bass Publishers, 2002).

B. Mayer, The Dynamics of Conflict Resolution: A Practitioner's Guide (Jossey-Bass Publishers, 2000).

L. Singer, Settling Disputes: Conflict Resolution in Business, Families, and the Legal System, 2nd Ed. (Westview Press, 1994).

Books on Mediation

Robert Baruch Bush & Joseph Folger, The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition (Jossey-Bass Publishers, 1994; second edition 2006).  [This book launched the “transformation mediation” movement in which the purpose of mediation is said to be empowerment and recognition instead of settlement.]  Second edition released in 2006

J. Beer & E. Stief, The Mediator's Handbook (New Society Publishers, 1997).
M. Bennett & M. Hermann, The Art of Mediation (National Institute for Trial Advocacy [NITA], 1996).

R. Bush & J. Folger, The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition (Jossey-Bass Publishers, 1994).
K. Cloke, Mediating Dangerously: The Frontiers of Conflict Resolution (John Wiley & Sons, 2001).

J. Cooley, The Mediator's Handbook (NITA, 2000).

R. Coulson, Business Mediaton – What You Need to Know (American Arbitration Association, 1991).

R. Coulson, Family Mediation: Managing Conflict, Resolving Disputes (Jossey-Bass Publishers, 1996).

J. Folberg, ed., Divorce Mediation: Theory and Practice (The Guilford Press, 1988).

Gary Friedman & Jack Himmelstein, Challenging Conflict: Mediation Through Understanding (American Bar Association, 2008).  [Friedman and Himmelstein argue for and illustrate a “no caucus” method of mediation in which the goal is greater understanding – not only by the parties of each other’s views, but also the parties’ understanding of their own needs and interests.]

D. Golann, Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators (Little Brown, 1996).

A. Goodman, Basic Skills for the New Mediator (Solomon Publications, 1994).

D. Kolb, When Talk Works: Profiles of Mediators (Jossey-Bass Publishers, 1994).

K. Kovach, Mediation: Principles and Practice, 2nd Ed. (West Wadsworth, 1999).

M. Lang & A. Taylor, The Making of a Mediator: Developing Artistry in Practice (Jossey-Bass Publishers, 2000).

B. Madonik, I Hear What You Say, But What Are You Telling Me? The Strategic Use of Non-Verbal Communication in Mediation (Jossey-Bass Publishers, 2001).

M. McKnight & S. Erickson, Mediating Divorce: A Step-by-Step Manual & A Client's Workbook (Jossey-Bass Publishers, 1999).

C. Moore, The Mediation Process, 2nd Ed. (Jossey-Bass Publishers, 2003).

B. Picker, Mediation Practice Guide: A Handbook for Resolving Business Disputes (American Bar Association, 1998).

N. Rogers & C. McEwen, Mediation: Law, Policy, Practice (Clark Boardman, 1994).

K. Slaikeu, When Push Comes to Shove: A Practical Guide to Mediating Disputes (Jossey-Bass Publishers, 1996).

J. Winslade & G. Monk, Narrative Mediation: A New Approach to Conflict Resolution (Jossey-Bass Publishers, 2000).

Books on Negotiation

M. & M. Donaldson, Negotiating for Dummies (IDG Books, 1996).

R. Fisher & S. Brown, Getting Together: Building Relationships As We Negotiate (Penguin USA, 1989).

L. Hall, ed., Negotiation: Strategies for Mutual Gain (Sage Publications, 1993).

G. Hermann, ed., The Joy of Settlement: The Family Lawyer's Guide to Effective Negotiations and Settlement Strategies (American Bar Association, 1997).

K. Kressel, The Process of Divorce: Helping Couples Negotiate Settlements (Jason Aronson, Inc., 1997).

R. Mnookin, S. Peppet, & A. Tulumello, Negotiating to Create Value in Deals and Disputes (Belknap Press, 2000).

H. Raiffa, The Art and Science of Negotiation (Harvard University Press, 1996).

E. W. Trachte-Hubel, Negotiation Strategies for Law and Business (American Lawyer Media, L.P., 1990).

W. Ury, Getting Past No: Negotiating Your Way From Confrontation to Cooperation (Bantam Books, 1993).

Books on Peacemaking

Daniel Bowling & David Hoffman, Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (2003).  [A collection of essays about the ways in which the “presence” of the mediator influences the parties and can exert a healing influence in the mediation.]

David Hall, The Spiritual Revitalization of the Legal Profession: A Search for Sacred Rivers (Mellen 2005).  [A thorough exploration of the many aspects of change – and the need for change – in the legal profession, which has largely lost its connection to spiritual values; there’s a good discussion of collaborative law, mediation, and other positive developments.]

Steven Keeva, Transforming Practices: Finding Joy and Satisfaction in the Legal Life (Contemporary Books, 1999).  [Keeva is a journalist (he was a managing editor for the ABA Journal), not a lawyer, but this probably gives him a more objective view of both the agonies of conventional law practice as well as the spiritually fulfilling roles of lawyers whose work he chronicles and describes in this book.]

Julie Macfarlane, The New Lawyer: How Settlement is Transforming the Practice of Law (2008).  [Macfarlane persuasively critiques the outmoded habits of the legal profession, with its emphasis on lawyer as warrior, and lays a strong foundation for the new settlement-oriented, problem-solving approach to lawyering.]

Marjorie Silver, ed., The Affective Assistance of Counsel: Practicing Law as a Healing Profession (2006).  [An excellent collection of essays, describing cutting edge practices such as therapeutic jurisprudence, restorative justice, and (of course) collaborative practice.]

William Ury, Getting to Peace (1999).  [Ury offers insight from other cultures about how a “third side” presence can deescalate conflict and bring about resolution.]

Books on Related Subjects

J. Cooley, The Arbitrator's Handbook (NITA, 1998).

R. Fisher, E. Kopelman, & A. Schneider, Beyond Machiavelli: Tools for Coping with Conflict (Harvard University Press, 1994).

P. & B. Penningroth, A Healing Divorce: Transforming the End of Your Relationship with Ritual and Ceremony (1st Books, 2001).

A. Robboy, Aftermarriage: The Myth of Divorce (Alpha Books, 2002).

A. Sarat & W. Felstinger, Divorce Lawyers and Their Clients: Power & Meaning in the Legal Process (Oxford University Press, Inc., 1995).

R. Schwartz, The Skilled Facilitator: Practical Wisdom for Developing Effective Groups (Jossey-Bass Publishers, 1994).

R. Shafir, The Zen of Listening: Mindful Communication in the Age of Distraction, 2nd Ed. (Quest Books, 2003).

D. Tannen, The Argument Culture: Stopping America's War With Words (Ballantine Books, 1999).

D. Tannen, You Just Don't Understand: Women and Men in Conversation (Ballantine Books, 1990).

S. Volgy, ed., Women and Divorce, Men and Divorce: Gender Differences in Separation, Divorce, and Remarriage (Haworth Press, 1991).

Richard Wolman, Thinking with Your Soul: Spiritual Intelligence and Why It Matters (Random House 2001)