Mediation and Arbitration Best Practices

Mediation and Arbitration Best Practices PDF Author: Aspatore Books
Publisher:
ISBN: 9781596227187
Category : Law
Languages : en
Pages : 284

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Book Description
"Mediation and Arbitration Best Practices is an authoritative, insider's perspective on successfully using alternative dispute resolution to settle disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the intricacies of resolving disputes outside of litigation, discussing the various components of ADR, the value and role of an attorney, and tactics for settling disputes more efficiently. From evaluating the benefits of ADR to examining present and future trends, these top lawyers give tips on understanding a client's goals, deciding when to use arbitration or mediation, formulating a strategy, and preparing a case. Additionally, these leaders reveal their strategies for planning defensively, managing expectations, avoiding risks, and keeping abreast of change. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experi

Mediation and Arbitration Best Practices

Mediation and Arbitration Best Practices PDF Author: Aspatore Books
Publisher:
ISBN: 9781596227187
Category : Law
Languages : en
Pages : 284

Get Book Here

Book Description
"Mediation and Arbitration Best Practices is an authoritative, insider's perspective on successfully using alternative dispute resolution to settle disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the intricacies of resolving disputes outside of litigation, discussing the various components of ADR, the value and role of an attorney, and tactics for settling disputes more efficiently. From evaluating the benefits of ADR to examining present and future trends, these top lawyers give tips on understanding a client's goals, deciding when to use arbitration or mediation, formulating a strategy, and preparing a case. Additionally, these leaders reveal their strategies for planning defensively, managing expectations, avoiding risks, and keeping abreast of change. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experi

Resolving Disputes

Resolving Disputes PDF Author: Jay Folberg
Publisher: Aspen Publishing
ISBN: 1543809081
Category : Law
Languages : en
Pages : 804

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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion

College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration

College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration PDF Author: James M. Gaitis
Publisher: Juris Publishing, Inc.
ISBN: 9781933833682
Category : Arbitration agreements, Commercial
Languages : en
Pages : 0

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Book Description


AAA Handbook on International Arbitration and ADR - Second Edition

AAA Handbook on International Arbitration and ADR - Second Edition PDF Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833483
Category : Arbitration and award, International
Languages : en
Pages : 492

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Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Preparing for Alternative Dispute Resolution Cases: Leading Lawyers on Best Practices for Mediation and Arbitration, Analyzing When to Settle Vs. Liti

Preparing for Alternative Dispute Resolution Cases: Leading Lawyers on Best Practices for Mediation and Arbitration, Analyzing When to Settle Vs. Liti PDF Author: Aspatore Books
Publisher: Aspatore Books
ISBN: 9781596227477
Category : Conflict management
Languages : en
Pages : 0

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Book Description
"Preparing for Alternative Dispute Resolution Cases is an authoritative, insider's perspective on using arbitration and mediation to successfully resolve disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the necessary steps and stages involved in developing and executing an alternative dispute resolution strategy on behalf of a client. From understanding a client's goals to settling and negotiating cases, these attorneys reveal their strategies for avoiding deal killers, determining the financial liability in a case, and obtaining the best possible outcome. These top lawyers give tips on establishing the roles of the attorney and client during the arbitration or mediation process, developing a strong relationship with the neutral party, and reaching a solution in a time-efficient manner. Additionally, these leaders analyze the best uses and benefits of alternative dispute resolution and offer advice for keeping a

Alternative Dispute Resolution Client Strategies

Alternative Dispute Resolution Client Strategies PDF Author: Aspatore Books
Publisher:
ISBN: 9781596227170
Category : Law
Languages : en
Pages : 0

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Book Description
"Alternative Dispute Resolution Client Strategies is an authoritative, insider's perspective on best practices for resolving disputes outside of litigation. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the intricacies of dispute resolution and identify the important differences and similarities between arbitration, mediation, and the less known, mini-trial. These authors discuss several key advantages for using ADR versus litigation, such as confidentiality, producing an expedited resolution, and eliminating extreme costs. From understanding a client's motivations to preparing for arbitration or mediation, these top lawyers discuss how to effectively use the duel role of advocate and counselor to determine the best course of action to take for a dispute. Additionally, these leaders reveal their techniques for formulating a strategy, establishing client/attorney relationships, eliminating bad facts, and finding creativ

International Arbitration and Mediation

International Arbitration and Mediation PDF Author: Michael McIlwrath
Publisher: Kluwer Law International B.V.
ISBN: 9041126104
Category : Law
Languages : en
Pages : 530

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Book Description
This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

AAA Handbook on Mediation - Second Edition

AAA Handbook on Mediation - Second Edition PDF Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833505
Category : Law
Languages : en
Pages : 820

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Book Description
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Alternatives to Litigation

Alternatives to Litigation PDF Author: Andrea Doneff
Publisher: Aspen Publishing
ISBN: 160156337X
Category : Law
Languages : en
Pages : 294

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Book Description
Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.

How Mediation Works

How Mediation Works PDF Author: Stephen B. Goldberg
Publisher: Emerald Group Publishing
ISBN: 178714223X
Category : Law
Languages : en
Pages : 137

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Book Description
How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.