Alternative Methods of Dispute Resolution

ISBN-10: 0766821102

ISBN-13: 9780766821101

Edition: 2003

Authors: Martin A. Frey
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Description: This book uncovers the distinguishing factors, advantages and disadvantages of the various processes in alternative dispute resolution. Chapter concepts are illustrated by examples and examples are followed by problem-solving activities that give opportunities to find potential solutions and develop reasoning abilities. Judicial options explore more difficult concepts, showing how the courts handle dispute resolution issues when the outcome is not certain. Web sites are cited for those seeking additional information, and a glossary and extensive index provide quick references.

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Book details

List price: $190.95
Copyright year: 2003
Publisher: Delmar Cengage Learning
Publication date: 8/2/2002
Binding: Paperback
Pages: 500
Size: 8.25" wide x 9.25" long x 0.75" tall
Weight: 3.344
Language: English

Martin A. Frey, BSME, JD, LLM,is a Professor Emeritus at The University of Tulsa, Tulsa, Oklahoma, Senior Adjunct Settlement Judge for the United States District and Bankruptcy Courts for the Northern Districts of Oklahoma, and was the Reporter for the Civil Justice Reform Act Advisory Group for the United States District Court for the Northern District of Oklahoma. He was a professor at Drake and Texas Tech Universities and a visiting professor at the University of Maine, Washington University (St. Louis), the University of Alabama, Wake Forest University, Stetson University, and Florida International University. When teaching, Professor Frey served on a number of site visitation teams for the Section on Accreditation and Admission to the Bar of the American Bar Association. Professor Frey currently volunteers with the Financial Crimes Unit of the Tulsa Police Department. He is the author or co-author of "The Little Black Book, A Do-It Yourself Guide for Law School Competitions" (Carolina Academic Press, 2002); "Alternative Methods of Dispute Resolution" (Delmar Learning Thomson, 2003); "Introduction to the Law of Contracts, 4th Edition (Delmar Cengage Learning, 2008); "Introduction to Bankruptcy Law, 6th Edition (Delmar Cengage Learning, 2013); and "Essentials of Contract Law," 2nd Edition (Cengage Learning, 2015).

Table of Cases
Preface
Acknowledgments
Introduction: The ADR Movement
An Overview of ADR
Introduction
The Methods of Dispute Resolution
Unilateral Action in Dispute Resolution
Bilateral Action in Dispute Resolution
Third-Party Evaluation as a Prelude to Dispute Resolution
Third-Party Assistance in Dispute Resolution
Third-Party Adjudication in Dispute Resolution
Comparing Dispute Resolution Processes
The Participants
The Party or Parties
The Attorney
The Paralegal
The Neutral Third Party
The Jury
Unilateral Action in Dispute Resolution
Introduction
Inaction
Inaction as a Dispute Resolution Process
The Advantages and Disadvantages of Inaction as a Dispute Resolution Process
Acquiescence
Acquiescence as a Dispute Resolution Process
The Advantages and Disadvantages of Acquiescence as a Dispute Resolution Process
Self-Help
Self-Help as a Dispute Resolution Process
The Advantages and Disadvantages of Self-Help as a Dispute Resolution Process
Bilateral Action in Dispute Resolution
Introduction
Negotiation
Preparing for Negotiation
Selecting a Negotiating Strategy
Executing the Negotiation Strategy: When, Where, and How
Enforcing a Negotiated Agreement
Negotiating in Bad Faith
The Advantages and Disadvantages of Negotiation as a Dispute Resolution Process
Third-Party Evaluation as a Prelude to Dispute Resolution
Introduction
Early Neutral Evaluation
The Early Neutral Evaluation Process
The Advantages and Disadvantages of Early Neutral Evaluation as a Dispute Resolution Process
Summary Jury Trial
The Summary Jury Trial Process
The Advantages and Disadvantages of Summary Jury Trial as a Dispute Resolution Process
Third-Party Assistance in Dispute Resolution
Introduction
Ombuds
The Ombuds (Ombudsman)
The Ombuds Process
Ethical and Legal Issues
The Advantages and Disadvantages of Ombuds as a Dispute Resolution Process
Private Mediation
What Should a Party Expect at the Mediation
Preparing for Private Mediation
The Mediation Process
Enforceability of the Mediated Agreement
Ethical and Legal Issues
The Advantages and Disadvantages of Private Mediation as a Dispute Resolution Process
Court-Sponsored Mediation
Court-Sponsored Mediation in the Federal Courts
Court-Sponsored Mediation in the State Courts
Preparing for Court-Sponsored Mediation
The Litigation/Mediation Process
Enforceability of the Mediated Agreement
Legal and Ethical Issues
The Advantages and Disadvantages of Court-Sponsored Mediation
Mini-Trial
The Mini-Trial Process
Selecting the Mini-Trial as an Appropriate Dispute Resolution Process
The Advantages and Disadvantages of the Mini-Trial as a Dispute Resolution Process
Third-Party Adjudication in Dispute Resolution
Introduction
Private Arbitration
Private Arbitration as a Dispute Resolution Process
The Private Arbitration Process
Final Offer, Last Offer, or Baseball Arbitration
High/Low or Bounded Arbitration
Ethical and Legal Issues
The Advantages and Disadvantages of Private Arbitration as a Dispute Resolution Process
Court-Annexed Arbitration
The Court-Appointed List of Arbitrators
The Court-Annexed Arbitration Program
Comparing Court-Annexed Arbitration Programs
Preparing for Court-Annexed Arbitration
The Advantages and Disadvantages of Court-Annexed Arbitration as a Dispute Resolution Process
Mediation-Arbitration
The Mediation-Arbitration (Med-Arb) Process
The Advantages and Disadvantages of Mediation-Arbitration as a Dispute Resolution Process
Litigation
The Litigation Process
The Advantages and Disadvantages of Litigation as a Dispute Resolution Process
Private Judging
Private Judging as a Matter of Contract
Private Judging as Authorized by Law
The Social Implications of Private Judging
Selecting a Dispute Resolution Strategy
Introduction
Selecting a Dispute Resolution Process before the Dispute Arises
Predispute Arbitration Provision
Predispute Mediation Provision
The Subtle Impact of Nondispute Resolution Provisions on the Selection of a Dispute Resolution Process
Selecting a Dispute Resolution Strategy after the Dispute Arises
Creating a Strategy for Resolving the Dispute
Initiating the Dispute Resolution Plan
The Ombudsman Association--Code of Ethics, Standards of Practice, Glossary
Uniform Mediation Act
Mediation Alternatives to Judicial Action--Florida Statutes title V, chapter 44
Federal Arbitration Act, USC title 9
Uniform Arbitration Act
Excerpt from the American Arbitration Association's Commercial Dispute Resolution Procedures (Arbitration Rules)
Rules of the United States District Court for the Middle District of Florida--Court-Annexed Arbitration
Local Rules of the United States District Court for the Northern District of California--ADR Local Rule 4--Non-Binding Arbitration
Hawaii Arbitration Rules
Private Judging--California Constitution, Statute, and Court Rule
Glossary
Index
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