"Getting to Yes" (Roger Fisher, William Ury & Bruce Patton)
Provides principles which are a guide to negotiating, in particular: bargaining over positions, separating the people from the problem, focussing on interests not positions, investing options for mutual gain, objective criteria, power, and overcoming tricks of the players.
"Getting Past No" (William Ury)
Presents a proven, five-step strategy for tackling the very thorniest aspect of the subject – dealing with people who won't deal. This book looks at: how to get to "yes" when the other person says "no"; how to negotiate successfully with a difficult client, irate customer, stubborn relative or deceitful colleague; and what approaches work best with people who use stonewalling, threats and tricks to get their way.
"The Mediator's Handbook" (Ruth Charlton & Micheline Dewdney)
Written by two of Australia's most experienced mediators, this is designed as a "how to" manual of mediation which takes the reader step-by-step through the mediation process and discusses the most appropriate strategies for particular contexts. Also provides helpful hints in the form of checklists, comments and case notes.
DVD or video
"Sous Chef or Sue Chef?" (LEADR)
More than just a clever play on words, this video, produced by LEADR and featuring Sir Laurence Street as the mediator, dramatically demonstrates how mediation works, the role of lawyers in mediation and the skill of the mediator. The video is unique in the market place and provides an excellent insight for mediators, potential clients, interested parties and those studying mediation. It demonstrates a complex dispute, a complex solution and the skills and process of mediation.
(Duration approximately 24 minutes)
Library
Members may borrow books from the library at no cost.
They may be held for an agreed period of time not to exceed one month.
To request a work,
click here to generate an e-mail (leadr@leadr.com.au). Type the title of the work you wish to
borrow (or copy the title and paste it) into the body of the message.
LEADR staff will then contact you and make arrangements to dispatch the
work to you or make it available for collection.
Acland, Andrew Floyer 1995 Resolving Disputes Without Going
to Court – A consumer guide to Alternative Dispute Resolution
Random House Sydney
Offers solutions on how to resolve all types of disputes quickly, amicably
and cost effectively as possible.
ADRASA 1993 A guide to the ADRASA Services including model
ADR clauses and agreements Self Published Australia
Explores the map of dispute resolution services
Brown, Henry/Marriott, Arthur 1993 ADR – Principles
and Practice Sweet & Maxwell Limited London
Brams, Steven J 1994 Theory of Moves Cambridge University
Press Melbourne
Charlton, Ruth 2000 Dispute Resolution Guide Book
LBC Information Services Sydney
Provides practical advice on how to successfully achieve a resolution
by parties in a range of circumstances
Dignan, J / Sorsby, A / Hilbert, J 1996 Neighbour Disputes
– Comparing the cost of effectiveness of mediation and alternative
approaches University of Sheffield
As the title suggests a community based study. The work has a rich number
of case studies and some very detailed information on how they determined
the costing of disputes.
Henderson, Shane 1993 The Dispute Resolution Manual Data
Legal Publications Pty Ltd Brisbane
A useful and practical guide for advisors, whether they are dealing
with clients or engaging in ADR processes themselves.
Kanowitz, Leo 1986 Alternative Dispute Resolution
West Publishing Company Minnesota
Cases and materials on alternative dispute resolution
Moloney, Bernadette 1995 Neighbours – A practical legal
guide to solving neighbourhood problems Redfern Legal Centre
Publishing Redfern
Explains the laws that effect your home and your local community.
National Alternative Dispute Resolution Advisory Council 2001,
A Framework for ADR Standards
Provides a report on the current position of standards for ADR in Australia
and on future directions for their development
National Alternative Dispute Resolution Advisory Council 2002 ADR
Terminology – A Discussion Paper
Promotes discussion about the terms used within the discipline of ADR
Pretorius, Paul 1993 Dispute Resolution Juta &
Co Ltd
A useful tool for members of the legal profession, academics and students
who seek to further their knowledge and understanding of dispute resolution.
Conflict Resolution
Bunker, Barbara Benedict / Rubin, Jeffrey Z & Asscociates 1995
Conflict and cooperation & Justice Jossey-Bass
Inc San Francisco
Offers an insightful collection of essays focused on Morton Deutsch’s
groundbreaking work during his career in the field of psycology.
Burton, John 1990 Conflict – Human Needs Theory
The MacMillan Press Ltd London
Burton, John 1990 Conflict – Resolution and Prevention
St Martin’s Press Inc London
Demonstrates that traditional techniques of social control cannot resolve
conflicts based on unsatisfied human needs.
Burton, John 1996 Conflict Resolution – Its Language
& Processes Scarecrow Press Inc USA
Provides a solid understanding of the history, basic theory, and practice
of conflict resolution.
Burton, John/Dukes, Frank 1990 Conflict – Practices
in Management, Settlement & Resolution The MacMillan Press
Ltd London
Maps the field of conflict settlement, management and resolution describing
the processes most influential in current practice
Burton, John/Dukes, Frank 1990 Conflict – Readings
in Management & Resolution MacMillan Press Ltd London
A collection of essays which provide the reader with a start up library
on Readings in Management & Resolution
Condliffe, Peter 1991 Conflict Management – a practical
guide TAFE Publications RMIT Ltd Victoria
Aims to provide a number of essential conflict management systems, provide
a positive perspective on the nature of conflict, and enhance our understanding
of conflict and conflict management.
Fisher, Roger/Kope, Iman, Elizabeth/Scneider, Andrea Kupfer 1994
Beyond Machiavelli – Tools for Coping with Conflict Penguin
Books USA Inc
Lays out some tools for conflict analysis, and some practical applications
of these tools that can help refine problem-solving skills
Le Baron Dureya M 1992 Conflict and Culture – A literature
Review and Bibliography UVIC Institute for Dispute Resolution
A very detailed analysis of the writing on the subject of conflict and
culture in Canada. It has some problem with reach into the current time.
Singer, Linda R 1994 Settling Disputes – Conflict Resolution
in Business, Families and the Legal System Westview Press Inc USA
Discusses the advantages and disadvantages of ADR from the viewpoints
of potential participants and other affected by the outcomes of costs
of conflicts.
Tillett, Dr Gregory 1991 Resolving Conflict – A Practical Approach
Sydney University Press Sydney
Offers basic principals and practical strategies for a creative problem-solving
approach.
Courts and Legislation
Access to Justice Advisory Committee 1994 Access to Justice
– an Action Plan Self Published Australia
Presents an action plan designed to improve access to justice for all
Australians
Australian Industrial Relation Act 1994 –
5th Edition CCH Australia Limited North Ryde
Provides a consolidated text of the Act, Regulations and Rules
Baxt, Robert 1996 Duties and Responsibilities of Directors
and Officers
Provides an overview of the major responsibilities and duties upon directors
and officers.
A government funded analysis of the effectiveness of the funded family
settlement program.The Central Intellectual Property and International
Trade Court 1999 The Intellectual Property and International
Trade Law Forum – Special Issues 1999 Self Published
Crawford, James 1982 Australian Courts of Law Oxford
University Press Melbourne
Traces the development of Australia’s Courts from English and
colonial origins to the present
Court of Appeal 1995 Court of Appeal – Fourth Annual
Report Court of Appeal
Report with relevant statistics for the period.
Redfern Legal Centre 1999 The Law Handbook Redfern
Legal Centre Publishing Redfern
A practical guide to Law in NSW.
Redmond, Paul 1992 Companies and Securities Law – Commentary
and Materials The Law Book Company Sydney
Provides a comprehensive examination of companies and securities law
through the use of extracted material from a wide range of sources
Robbins, Ira P 1982 The Law and Processes of Post-Conviction
Remedies West Publishing Company
Cases and materials on the Law and Processes of Post-Conviction Remedies.
Rowland, Charles/Tamsitt, Gary Hutley’s Australian Wills
Precedents Butterworths Pty Limited Wellington
An authoritative, failsafe system of precedents supported by a full
explanation of the law, and of how and in what circumstances to use
each precedent.
Supreme Court Singapore 1994 Supreme Court Singapore –
The Re-organisation of the 1990’s Supreme Court Singapore
Chronicles the recent history of the Supreme Court and the manner in
which the changes have affected the legal system and the administration
of justice in Singapore.
Dispute Resolution Schemes and Systems
Australian Competition and Consumer Commission 1997 Benchmarks
for dispute avoidance and resolution – a guide Australian
Government Publishing Service Canberra
Round table on small and large business disputes
Constantino, Cathy/ Merchant, Christina Sickles 1996 Designing
Conflict Management Systems – A Guide to Creating Productive and
Healthy Organisations Jossey-Bass Inc San Fransisco
Presents a practical step-by-step approach that uniquely integrates
organisation development, ADR, and dispute systems design principles
into a working model.
Ellison, Hon. Chris 1997 Benchmarks for Industry Based Customer
Dispute Resolution Schemes Canberra
Highlights the desirable elements of a good dispute resolution scheme
Ury, William L/Brett, Jeanne M/Goldberg, Stephen B 1988 Getting
Disputes Resolved – Designing Systems to Cut the Costs of Conflict
Jossey-Bass Inc San Fransisco
Examines key questions to be answered when analysing a dispute resolution
system.
Zack, Arnold M 1989 Grievance Arbitration – Issues
on the Merits in Discipline, Discharge and Contract Interpretation
Lexington Books Canada
Handbook for advocates called on to prepare and present arbitration
cases.
Family Law
Bordow, Sophy/Gibson, Janne 1994 Evaluation of the Family
Court Mediation Service Family Law Council Canberra
A comprehensive and detailed analysis of the operation of the Family
Court’s Mediation service in Melbourne in the early stages of
its establishment.
Family Law Council 1996 Family Law – Appeals and Reviews
Family Law Council Canberra
Possibly of some use for those attempting to understand the history
of the current family court positions.
Family Law Council 1996 Family Law Council Annual Report
– 1957 – 1996 Family Law Council Canberra
Report with relevant statistics for the period.
Family Law Council 1998 Family Law Council Annual Report
– 1997 – 1998 Family Law Council Canberra
Report with relevant statistics for the period.
Family Law Council1999 Property and Family Law – Options
for Change Family Law Council Canberra
This paper outlines options for reform of the regime for dealing with
property and family law.
Family Law Council 2000 The Best Interest of the Child –
Discussion Paper 2 Family Law Court Canberra
Family Law Council 2002 Family Law and Child Protection –
Final Report Family Law Council Canberra
Report with relevant statistics for the period.
Family Law Council 2000 Litigants in Person Family
Law Council
Family Law Council 2002 Statistical Snapshot of Family Law
2000/2001 Family Law Council Canberra
Standard style report with relevant statistics for the period.
Moloney, L/ Fisher, T/ Love, A/ Ferguson, S 1996 Federally
Funded Family Mediation in Sydney – Outcomes Costs & Satisfaction
Commonwealth Attorney General’s Department Canberra
National Working Party on Mediation 1996 Guidelines for Family
Mediation Butterworths of New Zealand Ltd Wellington
Provides principals to promote useful approaches to ADR.
Pollard, John W.F. 1994 A Mediators Guide to Family Law
The Family Advancement Resources Co-op Limited
Explains the “jargon” which might be used in a family mediation
as well as providing a broad overview of the law.
Mediation
Acland, Andrew Floyer 1990 A Sudden Outbreak of Common Sense
- Managing Conflict Through Mediation Random Century Australia
(Pty) Ltd Sydney
Examines the sources of conflict within and between individuals and
organisations, and how mediation can be used to resolve them
ACT Attorney General’s Department 1994 Discussion Paper
– Mediation Act Attorney General’s Department Canberra
The background paper to the ACT Legislation (Mediation Act 1997).
Baruch Bush, Robert A / Folger, Joseph P 1994 The Promise
of Mediation – Responding to Conflict thought Empowerment and
Recognition Jossey-Bass Inc San Francisco
Explores the transformative potential of mediation, showing what the
potential is, why it is important, and how it can be realised in practice
Carroll, Eileen/ Mackie, Karl 1999 International Mediation
– The Art of Business Diplomacy Klumer Law International
Explains how to use mediation in an international setting and how to
get the best results from the process.
Coulson, R 1987 Business Mediation – What you need to
know American Arbitration Association London
Handy pocket sized publication that appears to have stood the test of
time. It has sections on negotiation, mediation, the process, training
materials and similar.
Dewdney, Micheline/ Sordo, Bridget/ Chinkin, Christine 1995 Contemporary
Developments in Mediation within the Legal System and Evaluation of
the 1992/1993 Settlement Week Program The Law Society of New
South Wales
Report with relevant statistics for the period.
Folberg, Jay/ Taylor, Alison 1984 Mediation – A Comprehensive
Guide to Resolving Conflicts Without Litigation Jossey-Bass
Inc San Francisco
A comprehensive guide to mediation, covering everything from interviewing
clients and promoting good communication to keeping records and setting
fees.
Gates, Rodney J 1997 International Commercial Disputes –
A guide to Arbitration and Dispute Resolution in APECV Member Economies
APEC Committee on Trade Investment Dispute Mediation Experts Group
The offical snapshot of ADR position in 1997. Good introduction to other
regional States position.
Gray, Barbara 1989 Collaborating – Finding Common Ground
for Mulitparty Problems Jossey-Bass Inc San Francisco
Barbara Gray provides an innovative approach to confronting and overcoming
multiparty impasses.
International
Haynes, John M / Charlesworth, Stephanie 1996 The Fundamentals
of Family Mediation The Federation Press Annandale
Provides a clear model of mediation, an understanding of the theory
of negotiation and an analysis and gives hands-on assistance to people
who are entering family mediation practice
Kolb, Deborah M 1994 When Talk Works – Profiles of
Mediators Jossey-Bass Inc San Francisco
An inside view of mediators at work.
Kressel, Kenneth/ Pruitt, Dean G & Associates 1989 Mediation
Research Jossey-Bass Inc San Francisco
Examines the nature and effectiveness of mediation in a wide variety
of disputes including divorce cases, neighbourhood conflicts, international
disputes, environmental conflicts and labour negotiations.
Moore, Christopher W 1986 The Mediation Process – Practical
Strategies for Resolving Conflict Jossey-Bass inc San Francisco
Presents an in-depth, step-by-step account of how the mediation process
actually works in resolving conflicts
Merrils, J.G International Dispute Settlement Grotius
Publications Ltd
Comprehensive survey on the methods and techniques employed in the peaceful
settlement of international disputes.
Ministry of Justice, Thailand 1998 Alternative Mechanism
for the Settlement of Transnational Commercial Disputes Self
Published
Myers, Selma/ Filner, Barbara 1993 Mediation Across Cultures
– A Handbook About Conflict & Culture Self Published
Demonstrates the effectiveness of mediation and the added complexity
and richness that culture brings to this conflict resolution process.
Various 1994 What every Litigator Needs to know about Mediation
American Bar Association
A solid collection of articles and other materials.
Negotiation
Cohen, Herb 1990 You Can Negotiate Anything Angus
& Robertson Adelaide
Koziciki, Stephen 1993 The Creative Negotiator Gower
Publishing Australia Pty Limited Pyrmont
Demonstrates an easy step-by-step process to follow which will lead
you to negotiating success
Ury, Williams L 1992 Getting Past No – Negotiating with
Difficult People Random Century Australia (Pty) Limited
Provides a coherent view of dispute resolution by reviewing the traditional
processes of negotiation and adjudication from a broad perspective.
To request a work,
click here to generate an e-mail (leadr@leadr.com.au). Type the title of the work you wish to
borrow (or copy the title and paste it) into the body of the message.
LEADR staff will then contact you and make arrangements to dispatch the
work to you or make it available for collection.
