Alternative Dispute Resolution in Business

ISBN-10: 0324000715

ISBN-13: 9780324000719

Edition: 1999

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Book details

List price: $88.95
Copyright year: 1999
Publisher: Cengage South-Western
Publication date: 7/15/1998
Binding: Paperback
Pages: 448
Size: 7.00" wide x 8.75" long x 1.00" tall
Weight: 1.870
Language: English

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