This comprehensive casebook provides overviews, critical examinations and analyses of the application of ADR s three main processes for settling legal disputes without litigation-- negotiation, mediation, and arbitration-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice. Distinguished, experienced author team. Direct, accessible writing. Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques ADR Research Guide in appendix. The revised Sixth Edition includes: More practice-related issues. The role and applications of modern technology in ADR. International applications of ADR processes. Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful. Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process. Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes. Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality. New questions and exercises, including exercises in mediation-arbitration and online dispute resolution. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published.
Of Contents Volume 1 -- Chapter 1. Introduction -- Chapter 2. Alternative Dispute Resolution Methods -- Chapter 3. Negotiation -- Chapter 4. Mediation -- Chapter 5. Mediation Advocacy -- Chapter 6. Arbitration: Statutory Bases -- Chapter 7.
This book uncovers the distinguishing factors, advantages and disadvantages of the various processes in alternative dispute resolution.
This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.
Lucia, St Vincent & the 9 There is a lot of case law on what constitutes 'final'. Readers are referred to the standard English titles on arbitration which deal extensively with the question. 10 International Chamber of Commerce Arbitration, 3rd edn, 2000, Oceana Publications, p 17. 11 Materials for this section of Chapter 5 are taken from Alfred Clarke's unpublished paper on arbitration delivered to a conference on Inter- ...
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, ...
Alternative dispute resolution (ADR) is a term embracing a number of processes that have emerged in order to cope with disputes, particularly in the commercial world. This introduction to ADR...
Researchers such as Julie Rothbard and Phillip Shaver (1994), Nigel Roberts and Patricia Noller (1998), and Kate Henry and John Holmes (1998) have tried to see what factors are predictive of this pattern in adults, and the findings are ...
"A terrific book. Innovative, insightful, intelligent, and practical! ODR is the wave of the future and this book will let you and your business ride that wave with confidence.
In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) ...