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