The Story of a Political, Social, and Cultural Movement
Author: Jerome T. Barrett,Joseph Barrett
Publisher: John Wiley & Sons
View: 1921A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
The Litigator's Handbook
Author: Nancy F. Atlas,Stephen K. Huber,E. Wendy Trachte-Huber
Publisher: American Bar Association
Category: Business & Economics
View: 8218This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.
Skills, Science, and the Law
Author: Andrew J. Pirie
View: 2418Alternative dispute resolution, or ADR as it is commonly called, has come to have an enormous influence on disputing practices in North America and beyond. This influence is bound to continue well into the new millennium. It is now, more than ever, necessary to study and be familiar with ADR developments. This book takes you on a journey into the science, skills, and law that make up this exciting new field. Readers will have opportunities to consider the conflicting meanings attributed to ADR and to decide which ones might make most sense for them. The book covers the major disputing processes with an emphasis on negotiation, mediation, and other consensual processes, points to the diverse skills needed to be proficient in ADR, examines the developing law of ADR, shows how ADR may be applied in practical case scenarios, and predicts the factors that will most affect the future development of ADR. While the book is directed primarily to the legal profession--law students, legal academics, practising lawyers, and judges - the content should be of interest to all who seek to better understand or improve their work with disputes.
An Essential Competency for Lawyers
Author: Mark V.B. Partidge
Publisher: OUP USA
View: 2122Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.
A Developing World Perspective
Author: Albert Fiadjoe
View: 9427This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
Author: Association for International Arbitration
Category: Business & Economics
View: 8566In a world held in the grip of economic downfall - with increasing scarcity of energy supplies, plummeting oil prices, rising intra-state energy transit, protectionist natural resources policies, and growing environmental concerns - time and cost are not to be underestimated factors in the choice of a suiting dispute resolution method. This book covers the hot topics related to the Energy Charter Treaty, not only from a theoretical point of view, but also from practical experiences in France, the UK, and Belgium. Moreover, this publication is original in that it addresses the issue of soft law in investment arbitration and includes a fictional case elaborating on the influence of different interest groups in energy disputes.
Author: Tania Sourdin
Publisher: Federation Press
Category: Dispute resolution (Law)
View: 1910Alternative Dispute Resolution and the Courts is a special issue (Volume 22 No 1 ) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title. You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
Author: Paul Newman
Publisher: Xpl Pub
View: 6706"ADR as an alternative forum for litigation is of increasing importance to lawyers and others involved in disputes. The impact of the CPR and other major changes to the civil litigation system mean that it is essential that practitioners in all areas of law have a working knowledge of the practice and procedure of litigation using ADR. Paul Newman's book provides an excellent tool to get that working knowledge. Key contents: The role of arbitration; Practical issues in using ADR Mediation; Other forms of ADR: The Mini Trial; Rent-a-Judge; Adjudication; Mediation-Arbitration (MedArb); Legal concerns: limitation; achieving certainty; privilege and witness compellability; Extensive appendices include model clauses, model procedure and relevant practice directions. As a practitioner and author of EMIS's Construction Litigation Tactics, Paul Newman is able to draw on extensive knowledge of ADR and its role in practice in civil litigation. "
Law and Practice
Author: Mashamba, Clement J.
Publisher: Mkuki na Nyota Publishers
View: 9663Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
Author: Lucille M. Ponte,Thomas D. Cavenagh
Publisher: Dame Publications
View: 583ALTERNATIVE DISPUTE RESOLUTION IN BUSINESS provides an overview of innovative ADR methods that have been implemented to deal with domestic and international business disputes. This text takes a managerial approach that provides information on various aspects of ADR - such as negotiation, mediation, arbitration - to help managers make educated decisions when faced with choices of trial or ADR.
Author: Michael D. A. Freeman
Publisher: NYU Press
View: 1640This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Author: Donald P. Arnavas
Publisher: CCH Incorporated
Category: Business & Economics
View: 5152Alternative Dispute Resolution for Government Contracts from CCH is the only resource that provides a comprehensive treatment of ADR in government contracts. It presents a complete discussion of the various ADR procedures together with their advantages and disadvantages, allowing readers to reach an informed decision as to which ADR mode is most suitable for resolution of a specific dispute. Along with covering the Administrative Dispute Resolution Act of 1996, Executive Orders and other applicable regulations are thoroughly discussed. Alternative Dispute Resolution for Government Contracts covers the "hot" areas of ADR, including confidentiality, conflicts of interest, finality of arbitration awards, enforcement of awards and settlement agreements together with all the relevant citations. It will also help you analyze which type of approach is most effective for each of the main ADR processes and the preparation necessary for all members of an ADR team..
Author: Susan Blake,Julie Browne,Stuart Sime
Publisher: Oxford University Press (UK)
View: 4822A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of ADR. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This second edition has been brought fully up to date on current practice and issues affecting ADR, including the development of the role of the Civil Mediation Council, online ADR options, and the forthcoming implementation of the Jackson Review reforms. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures, including the implementation of the EU Directive on Mediation - Useful links for each chapter - Diagrams and figures from the book