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| Preface | |
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| Introduction | |
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| Litigation and Dispute Resolution | |
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| An Overview of Major Civil Litigation Systems | |
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| The Stages of the Lawsuit and the Use of ADR | |
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| The Impact of Litigation on Business | |
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| Legal Reforms | |
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| The ADR Response to Resolving Business Disputes | |
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| Introduction to ADR | |
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| The Major Alternative Dispute Resolution Processes | |
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| Party-Driven Processes | |
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| Adjudicative Processes | |
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| The Advantages of Alternative Dispute Resolution | |
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| Timeliness | |
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| Cost | |
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| Productive Outcomes | |
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| Privacy | |
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| Flexibility | |
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| Internationalization | |
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| The Disadvantages of Alternative Dispute Resolution | |
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| Procedural Concerns | |
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| Public Policy Issues | |
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| Enforcement Concerns | |
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| ADR Settlement Mechanisms | |
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| Negotiation | |
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| Defining Negotiation | |
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| Negotiation Models | |
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| Effect of Representation in Negotiation | |
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| Relationship of Negotiation to the Legal Process | |
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| Negotiation Practice: A Skills-Oriented Overview | |
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| Negotiating with Uncooperative Parties | |
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| Evaluating the Outcome | |
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| Negotiation Ethics | |
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| International and Cross-Cultural Negotiation | |
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| ADR Trends in Negotiation | |
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| Mediation | |
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| The Historical Development of Mediation | |
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| Introduction to the Mediation Process | |
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| Advantages of Mediation | |
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| Disadvantages of Mediation | |
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| Forms of Mediation | |
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| Overview of the Mediation Process | |
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| Selecting Cases Appropriate for Mediation | |
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| Selection of the Mediator | |
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| Roles and Ethics of the Mediator | |
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| Mandatory Mediation | |
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| Hybrid Settlement Processes: the Summary Jury Trial and Minitrial | |
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| Development of the Summary Jury Trial (SJT) | |
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| Components of the SJT | |
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| Screening Cases for the SJT | |
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| Pre-SJT Conference | |
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| Selection of SJT Jurors | |
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| The SJT Hearing | |
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| Settlement Talks | |
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| Advantages of the SJT | |
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| Savings in Time and Costs | |
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| Confidentiality of SJT Proceedings and Documents | |
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| Respect for the Jury Process | |
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| Empowerment of Businesspeople to Resolve Conflicts | |
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| Psychological Benefits | |
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| Disadvantages of the SJT | |
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| Mixed Results on SJT Time and Cost Benefits | |
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| Predictive Value of the SJT | |
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| Lack of Precedential Value | |
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| Constitutional Concerns | |
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| Overview of the Minitrial | |
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| Components of the Minitrial | |
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| Initiation of Procedure | |
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| Limited Discovery | |
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| Selection of a Neutral Advisor | |
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| Information Exchange or "Best Case" Presentations | |
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| Settlement Discussions with the Neutral Advisor | |
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| Advantages of the Minitrial | |
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| Party Control over the Process | |
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| Maintenance of Business Relationships | |
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| Expertise of the Neutral Advisor | |
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| Disadvantages of the Minitrial | |
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| Credibility of Witnesses | |
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| Need for Court's Legal Interpretation | |
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| Unequal Bargaining Power Between the Disputants | |
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| Adr Adjudicatory Mechanisms | |
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| Introduction to Commercial Arbitration | |
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| Defining Arbitration | |
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| The Historical Development of Arbitration | |
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| Main Aspects of Voluntary Arbitration | |
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| Determining Procedures | |
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| Agreement to Arbitrate | |
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| Selection of an Arbitrator or Arbitral Panle | |
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| Pre-Hearing Preparation | |
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| The Arbitration Hearing | |
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| The Arbitration or Arbitral Award | |
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| Post-Award Actions | |
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| Advantages of Voluntary Arbitration | |
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| Disadvantages of Voluntary Arbitration | |
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| Overview of Court-Annexed Arbitration | |
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| Labor and Employment Arbitration | |
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| Overview of Labor and Employment Arbitration | |
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| Labor Arbitration | |
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| Employment Arbitration | |
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| Interest and Grievance Arbitration | |
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| Overview of Interest Arbitration | |
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| Overview of Grievance or Rights Arbitration | |
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| International Commercial Arbitration | |
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| National Litigation Versus Arbitration of International Commercial Disputes | |
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| Concerns about Neutrality in International Disputes | |
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| Dealing with Multiple Lawsuits in Various Countries | |
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| Enforceability of International Arbitration Clauses and Awards | |
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| Distinctions Between Domestic and International Commercial Arbitration | |
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| Private Judging | |
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| An Overview of Private Judging | |
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| Contract Private Judges | |
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| Court-Supervised Private Judging | |
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| Temporary Judges | |
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| Reference-Mandated Judging | |
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| Referees or Special Masters | |
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| General or Special References | |
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| Private Judging Versus Commercial Arbitration | |
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| Constitutional Concerns about Private Judging | |
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| Due Process | |
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| Equal Protection | |
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| The First Amendment | |
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| Creating the ADR Environment | |
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| Business Dispute Resolution Systems | |
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| An Overview of Business Dispute Resolution Systems | |
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| Internal Dispute Resolution Policies | |
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| External Dispute Resolution Policies | |
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| The Role of Outside Counsel | |
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| The Role of the Insurer | |
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| The Role of Customers | |
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| Predispute Contract Clauses from the American Arbitration Association | |
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| Predispute Contract Clauses Calling for Negotiation | |
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| Predispute Contract Clauses Calling for Mediation | |
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| Predispute Contract Clauses Calling for Arbitration | |
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| Clauses Providing Details Related to Arbitration | |
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| Predispute Contract Clause Calling for Final Offer Arbitration | |
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| Predispute Contract Clause Calling for Arbitration Within Monetary Limits | |
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| Predispute Contract Clause Calling for a Dispute Review Board | |
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| Predispute Contract Clause Calling for a Minitrial | |
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| Predispute Contract Clause Calling for Mediation-Arbitration | |
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| Clauses for Use in International Disputes | |
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| The Future of Business ADR | |
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| Ethical Concerns Arising from the Use of ADR | |
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| Institutionalizing Dispute Resolution: Future Trends in ADR | |
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| Future Trends in Business ADR | |
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| Model Standards of Conduct for Mediators | |
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| Introductory Note | |
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| Preface | |
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| The Code of Ethics for Arbitrators in Commercial Disputes | |
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| Preamble | |
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| Canon I | |
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| Canon II | |
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| Canon III | |
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| Canon IV | |
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| Canon V | |
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| Canon VI | |
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| Canon VII | |
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| Appendices | |
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| Uniform Arbitration Act | |
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| The United States Arbitration Act 9 U.S.C. 1-16 | |
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| The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 9 U.S.C. 201-208 | |
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| American Arbitration Association Commercial Arbitration Rules | |
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| American Arbitration Association Commercial Mediation Rules | |
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| American Arbitration Association Rules for the Resolution of Employment Disputes | |
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| American Arbitration Association International Arbitration Rules | |
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| Cpr Institute for Dispute Resolution Corporate Policy Statement on Alternatives to Litigation | |
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| CPR Law Firm Policy Statement on Alternatives to Litigation | |