Alternative Dispute Resolution Practice Guide

By Bette J. Roth, Randall W. Wulff, Charles A. Cooper

Last Updated: 9/14/2011

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Description

This guide discusses ADR options such as arbitration, mediation, private judging, dispute review boards, and partnering. It provides a description and analysis of each ADR procedure, both generally and as applied to specific practice areas. It helps practitioners decide which form of ADR is best suited for a particular dispute and briefs attorneys on relevant rules, laws, and ADR developments. Subjects covered includes many practice areas, including commercial, construction, securities, employment, environmental, family, personal injury, international and real estate.

Features

Covers many practice areas
Guides you through a variety of ADR options

Summary Of Contents

Binder 1
Part
1. Introduction To Alternative Dispute Resolution
  Chapter
  1. An ADR Overview, By Bette J. Roth
2. Arbitration
  1. Legal Overview, By James N. Adler And Bette J. Roth
  2. The Decision To Arbitrate, By Robert C. Field
  3. The Arbitration Agreement, By Anthony De Toro And Bette J. Roth
  4. Remedies Available In Arbitration, By James R. Madison
  5. Compelling And Resisting Arbitration, By Anthony De Toro And Bette J. Roth
  6. Choosing The Arbitration Forum, By Francis O. Spalding
  7. Commencing Arbitration, By Anthony De Toro And Bette J. Roth
  8. Responding To The Claim , By J. Lani Bader And Updated By Bette J. Roth
  9. Choosing The Arbitration Panel, By Francis O. Spalding
  10. Preparing For The Hearing, By John J. Fitzpatrick, Jr.
  11. The Hearing, By Robert C. Field And Robert W. Richardson
  12. Deliberation And Award, By J. Lani Bader And Updated By Bette J. Roth
  13. Post-Award Proceedings And Appeals, By Terri L. Combs
  14. Arbitration Of Class Actions, By James E. McGuire and Bette J. Roth
  15. Arbitration Of Construction Disputes, By James R. Madison
  16. Arbitration Of Employment And Labor Disputes, By James N. Adler
  17. Unique Problems Posed By Intellectual Property Disputes, By M. Scott Donahey
  18. Arbitration Of International Disputes, By Lawrence W. Newman And Arthur W. Rovine
  19. Real Estate Arbitration, By Bradley S. Miller (1999 Update By Bette J. Roth)
  20. Arbitration Of Securities Disputes, By Deborah Masucci
  21. Judicial Arbitration, By John A. Toker
3. Mediation
  1. Introduction To Mediation: A Full Resolution Approach, By Alan Alhadeff
  2. The Mediation Process, By Barbara Ashley Phillips
  3. Mediation Agreements, By Charles A. Cooper
  4. Selected Essays On Mediation, By Jeffrey Krivis, Randy Wulff, Yaroslav Sochynsky, Barbara Ashley Phillips, Kenneth Cloke, Tracy Solomon Dowling, and Bette J. Roth
  5. Confidentiality Issues and the Mediated Settlement Agreement, By Bette J. Roth
  6. Commercial Mediation, By Yaroslav Sochynsky
  7. Construction Mediation, By Bette J. Roth And Randall W. Wulff
  8. Environmental Mediation, By Robert C. Barrett And Susan L. Carpenter
  9. Family Law Mediation, By Kenneth Cloke, Barbara Ashley Phillips, And Bette J. Roth
  10. Mediation Of Insurance And Personal Injury Disputes, By Michelle T. Burgess And Charles A. Cooper
  11. International Mediation And Conciliation, By M. Scott Donahey
  12. Labor And Employment Mediation, By Bette J. Roth
  13. Mediation Of Securities Disputes, By Barry Winograd
4. Other Forms Of Alternative Dispute Resolution
  1. Dispute Review Boards, By James K. Hoenig And Keith W. Hunter
  2. MED-ARB (Mediation-Arbitration), By Sam Kagel And Bette J. Roth
  3. Mini-Trials And Summary Jury Trials, By Douglas Hurt Yarn
  4. Partnering—New Dimensions In Dispute Prevention And Resolution, By Mark E. Appel
  5. Private Judging, By Winslow Christian
  6. Collaborative Law And The Use Of Settlement Counsel, By David Hoffman And Pauline Tesler
  7. Managing Family Business Conflict: A Collaborative Approach, By Douglas Baumoel
Binder 2
- Appendix To Part II
  Appendix Documents
  1. Uniform Arbitration Act
  2. State Arbitration Statutes
  3. Commercial Dispute Resolution Procedures (Including Mediation And Arbitration Rules)
  4. Code Of Arbitration Procedure
  5. Sample Standard Predispute Agreement
  6. Sample Standard Submission Agreement
  7. Sample Ad Hoc Arbitration Clause
  8. Sample Arbitration Discovery Clauses
  9. Sample Arbitration Law Clauses
  10. Sample Remedies Clauses
  11. Sample Clauses For The Basis For The Award
  12. Uniform Submission Agreement
  13. Revised Uniform Arbitration Act
  14. Dispute Resolution Plan And Rules
  15. Sample Construction Arbitration Clauses
  16. Construction Industry Dispute Resolution Procedures
  17. Northrop Corporation&Apos;S Grievance Procedure For Non-Supervisory Employees
  18. Northrop Corporation&Apos;S Grievance Procedure For Management Personnel
  19. Rockwell International Corporation&Apos;S Mutual Agreement To Arbitrate Claims
    1. Conflict Resolution Policy
  20. Sample Employee Problems And Complaints Dispute Settlement Procedure
  21. Cpr Program To Resolve Employment Disputes
  22. Sample Employee Acknowledgement Of Receipt Of Handbook
  23. National Rules For The Resolution Of Employment Disputes
    1. A Due Process Protocol For Mediation And Arbitration Of Statutory Disputes Arising Out Of The Employment Relationship
  24. Sample Agreement For Neutral Decisionmaking
  25. Icc Rules Of Arbitration
  26. Uncitral Arbitration Rules
  27. International Arbitration Rules
  28. Sample Arbitration Clause—Loan
  29. Sample Conventional Arbitration Clause—Lease
  30. Sample Baseball Arbitration Clause—Lease
  31. Compromise Award—Lease
  32. Sample Arbitration Clause—Title Insurance Policies
  33. Sample Arbitration Clause—Purchase Agreement
  34. United States Code Annotated—Title 9. Arbitration—Chapter 1—General Provisions
  35. The Code Of Ethics For Arbitrators In Commercial Disputes
  36. Jams Comprehensive Arbitration Rules And Procedures
  37. Jams Employment Arbitration Rules And Procedures
  38. Arbitration Rules For The Real Estate Industry
  39. Cpr Rules For Non-Administered Arbitration And Commentary (With Arbitration Appeal Procedure)
  40. Icann Rules For Uniform Domain Name Dispute Resolution Policy
  41. Icann Uniform Domain Name Dispute Resolution Policy
- Appendix To Part III
  Appendix Documents
  1. Sample American Arbitration Association Predispute Mediation Clause
  2. American Arbitration Association Commercial Mediation Rules
  3. Sample Form Mediation Agreement
  4. Stipulation And Order Re Mediation Process
  5. Confidentiality Agreement
  6. Model Agreement To Use Respectful Communication
  7. American Arbitration Association Dispute Resolution For Insurance Claims Data Form
  8. Uniform Mediation Act
- Appendix To Part IV
  Appendix Documents
  1. Sample Contract Specifications For An American Arbitration Association Dispute Review Board
  2. American Arbitration Association Submission To Dispute Resolution
  3. American Arbitration Association Request For A Drb Or Drs
  4. Med-Arb Agreement
  5. Med-Then-Arb Agreement
  6. Sample Mini-Trial Clauses
  7. Sample Partnering Agreement-American Arbitration Association
  8. Sample Partnering Agreement-U.S. Army Corps Of Engineers
  9. Sample Partnering Language-Project Specifications And Contract Clauses
  10. Collaborative Family Law Participation Agreement
- Table Of Cases
- Index

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