Alternative Dispute Resolution

Skills, Science, and the Law

Author: Andrew J. Pirie

Publisher: N.A

ISBN: N.A

Category: Law

Page: 437

View: 5462

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Alternative 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.
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A History of Alternative Dispute Resolution

The Story of a Political, Social, and Cultural Movement

Author: Jerome T. Barrett,Joseph Barrett

Publisher: John Wiley & Sons

ISBN: 0787975427

Category: Law

Page: 320

View: 9918

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A 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.
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Alternative Dispute Resolution in Business

Author: Lucille M. Ponte,Thomas D. Cavenagh

Publisher: Dame Publications

ISBN: 9780324000719

Category: Law

Page: 433

View: 2153

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ALTERNATIVE 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.
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Alternative Dispute Resolution

A Developing World Perspective

Author: Albert Fiadjoe

Publisher: Routledge

ISBN: 113533210X

Category: Law

Page: 234

View: 2815

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This 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.
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Alternative Dispute Resolution for Government Contracts

Author: Donald P. Arnavas

Publisher: CCH Incorporated

ISBN: 0808009788

Category: Business & Economics

Page: 286

View: 6120

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Alternative 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..
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Alternative Dispute Resolution

An Essential Competency for Lawyers

Author: Mark V.B. Partidge

Publisher: OUP USA

ISBN: N.A

Category: Law

Page: 258

View: 9019

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Alternative 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.
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