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Alternative Dispute Resolution & Mediation Research Guide

 

Introduction

This guide was created for students conducting introductory research in the area of alternative dispute resolution, also commonly called "ADR". ADR emerged in the 1970s and is defined by Black's Law Dictionary as "a procedure for settling dispute by means other than litigation, such as arbitration and mediation." This guide will identify the major print and online resources available in the Georgetown Law Library. For an international focus, please consult our International Commercial Arbitration Research Guide.

 

For further assistance, call the Library's Reference Desk at 202-662-9140, or send e-mail to libref@law.georgetown.edu.

Key Resources

Bette J. Roth, Alternative Dispute Resolution Practice Guide (Westlaw only) This guide discusses ADR options such as arbitration, mediation, private judging, dispute review boards, and partnering. It provides a description and analysis of each ADR procedure, both generally and as applied to specific practice areas. It helps practitioners decide which form of ADR is best suited for a particular dispute and briefs attorneys on relevant rules, laws, and ADR developments.

Carrie J. Menkel-Meadow et. al., Dispute Resolution: Beyond the Adversarial Model (2011) KF9084.A75 D57
This book looks at the lawyer as a problem solver and identifies the skills and practice models necessary for an arbitrator, a negotiator and a mediator. Extensive bibliography refers to hundreds of law review articles and books on the arbitration process.

Jay E. Grenig, Alternative Dispute Resolution (3rd ed., 2005) KF9084 .G7 and Westlaw
Chapters on all alternative dispute resolution methods, including negotiation, mediation and arbitration. Topical dispute areas are covered in separate chapters, including securities, construction, insurance and more. A number of appendices cover pertinent laws, model standards, protocol and forms.

Introductory Resources

Jacqueline M. Nolan-Haley, Alternative Dispute Resolution in a Nutshell (3rd ed. 2008) KF9084.Z9 N65
This overview of the ADR process includes chapters on negotiation, mediation, arbitration and dispute resolution in the court system.

Kimberlee K. Kovach, Mediation in a Nutshell (2010) KF9084.Z9 K68
An overview of the mediation process, issues surrounding the mediator neutrality and impartiality, as well as ethical considerations are highlights of this introductory nutshell. Model Standards of Conduct are included in Appendix A.

Larry L. Teply, Legal Negotiation in a Nutshell (2d ed. 2005) KF9084.Z9 T46
This overview of the entire negotiation process covers all steps of the process from case evaluation and preparation through final settlement.

Michael L. Moffitt, Dispute Resolution: Examples & Explanations (2008) KF9084 .M655
This text is an introduction to negotiation, arbitration and dispute resolution with discussion of federal preemption and the laws of arbitration.

Stephen J. Ware, Principles of Alternative Dispute Resolution (2007) KF9084 .W353
This hornbook provides readers with a quick understanding of the key legal concepts in the area of dispute resolution. Formation of arbitration agreements, negotiation theory and the mediation process are all highlighted.

Primary Sources

Statutes

The Federal Arbitration Act (Title 9, US Code)

Full text from the Cornell University Legal Information Institute. The Federal Arbitration Act is codified in Title 9, US Code, Section 1-14. It was first enacted February 12, 1925 (43 Stat. 883), codified July 30, 1947 (61 Stat. 669), and amended September 3, 1954 (68 Stat. 1233). Chapter 2 was added July 31, 1970 (84 Stat. 692), two new Sections were passed by the Congress in October of 1988 and renumbered on December 1, 1990 (PLS 669 and 702); Chapter 3 was added on August 15, 1990 (PL 101-369); and Section 10 was amended on November 15.

Arbitration Decisions & Awards

Labor

Labor and Employment Law Resource Center (BNA)
Labor arbitration decisions are searchable and the latest labor arbitration news is available in this BNA resource under the Labor Arbitration & Collective Bargaining tab.

Labor Arbitration Awards (AAA)
Full text of opinions of the American Arbitration Association since 2003 available on Lexis.

Maritime

Society of Maritime Arbitrators decisions are available on Westlaw and Lexis.

Securities

FINRA Arbitration Awards Online
Securities arbitration awards by FINRA and prior to that, NASD, are searchable back to 1988 on this online resource.

Secondary Sources

Selected Casebooks, Treatises and In-Depth Resources

The library's Treatise Finder page on ADR is a great place to locate treatises on Alternative Dispute Resolution. Selected other titles include:

Corporate Counsel's Guide to Alternative Dispute Resolution Techniques (1989) KF9084 .C59
Updates available on Westlaw Provides information about ADR techniques, corporate planning, contract drafting, resolving E-commerce and Internet-related disputes, and online dispute resolution.

E. Wendy Trachte-Huber and Stephen K. Huber, Alternative Dispute Resolution Strategies for Law and Business (1996) KF9084 .T73 A highlight of this casebook is the section on professional qualifications and professional responsibility of dispute resolution professionals.The appendix includes various role play exercises for mediation, arbitration and negotiation practical experience.

Elkouri & Elkouri How Arbitration Works (6th ed., 2003) KF3424 .E53
This classic treatise is a publication of the Committee on ADR in Labor & Employment Law of the ABA. Sections on determining arbitrability, evidentiary rules, and precedential value of arbitral awards are highlighted. An extensive appendix includes a table of arbitrators and a table of arbitration awards in addition to the table of cases.

Gary P. Poon, The Corporate Counsel's Guide to Mediation (2010)KF9084 .P668
Guidance on drafting mediation clauses and pre-mediation preparations are topics covered in this guide for corporate attorneys.

Jay Folberg et.al., Resolving Disputes: Theory, Practice, and Law (2010) KF9084 .R475
Sections focus on negotiation, mediation & arbitration. A checklist for preparing to negotiate and the final chapters on mixing different processes for a multi-step conflict negotiation are unique features of Folberg's work.

Larry E. Edmondson, Domke on Commercial Arbitration (The Law and Practice of Commercial Arbitration) (2003) KF9085 .D6 also on Westlaw
Covers both domestic and foreign commercial arbitration. Includes references to federal statutes and arbitration rules and case law. Contains arbitration and litigation forms, checklists, illustrated examples and procedural outlines, American Arbitration Association rules, customs, and procedures. Encompasses alternative dispute resolution; statutes and rules; arbitration agreement; initiating arbitration; the arbitrator and more.


Leonard L. Riskin, Dispute Resolution for Lawyers (4th ed., 2009) KF9084 .R57
Alternatives to litigation are the primary focus of this treatise which focuses on the major cases, theory and practice developments in alternative dispute resolution. Basic models of the attorney client relationship are highlighted, along with negotiation strategy and tactics, the mediation process and designing and selecting dispute resolution processes.

 

Oehmke Commercial Arbitration (2003) , KF9085 .O45 also on Westlaw
Commercial arbitration looseleaf including federal statutes and rules, case law, forms, checklists, American Arbitration Association rules, customs, and procedures.

The library has an extensive collection on Alternative Dispute Resolution. You can conduct a keyword search as featured in this tutorial on Encore searching. television Also, you can search the following subject headings on Gulliver (the library's online catalog) for additional resources:

  • Arbitration and Award
  • Arbitration and Award United States
  • Dispute Resolution Law
  • Dispute Resolution Law United States
  • Mediation
  • Mediation United States
  • Negotiation
  • Negotiation United States

Journals & Law Reviews

For information on finding law review and journal articles generally, see our guide Articles for Legal & Non-Legal Research and our Secondary Sources Tutorial.television A liist of selected journals on ADR & Mediation include :

On Lexis, ADR law review articles are combined and searchable at:
Legal > Area of Law> By Topic > Alternative Dispute Resolution > Search Analysis, Law Reviews and Journals > Law Review & Journals > ADR law review articles, combined.

News and Current Awareness

ADR Prof Blog
Updates are posted on a regular basis, on all aspects of mediation, negotiation, arbitration and alternative dispute resolution. Readers can subscribe to the RSS feed for daily updates.

Alternatives, KF9084.A15 A44 and electronically

Alternatives is a national newsletter covering cutting-edge dispute resolution trends. It is an authoritative guide for using ADR at companies, firms and the courts. Each month, Alternatives focuses on new ADR developments, techniques and court practices.

Harvard Negotiation Law Review
In addition to their print publication, the HNLR maintains this website with regular postings in the area of negotiation and arbitration. The site offers an RSS feed for updates.

Mediation Channel
Postings include news about negotiation and mediation in the law and pop culture. This site was the recipient of the ABA Journal's Top Legal Blogs of 2009 awards.

Mediate.com

Mediate.com offers access to mediators worldwide, updates its mediation newsfeed daily and links to mediation centers throughout the world. Users must subscribe for access to all services.

Government Resources

Federal Judicial Center Browse by Subject to "Alternative Dispute Resolution" to locate mediation and ADR program guides for the Federal Court System.

Federal Labor Relations Authority This independent agency's Collaboration and Alternative Dispute Resolution (CADR) program improves labor-management relationships in the Federal Government.

Federal Mediation and Conciliation Service The mission of this independent agency is to preserve and promote labor-management peace and cooperation. The agency provides mediation and conflict resolution services to industry, government agencies and communities worldwide.

Interagency Alternative Dispute Resolution Working Group Pursuant to the Administrative Dispute Resolution Act of 1996, this collaborative group covers the substantive areas of Workplace Conflict Management, Contracts and Procurement, Enforcement and Regulation and Litigation Claims against the Government.

National Mediation Board This independent agency's primary function is to minimize work stoppages in the airline and railroad industries.

 

Associations and Organizations

 

American Arbitration Association

The American Arbitration Association provides services to individuals and organizations who wish to resolve conflicts out of court. The Association also provides education, training, and publications for those seeking a broader or deeper understanding of alternative dispute resolution. Their Reference Center includes guides and reports to enhance researchers' knowledge of ADR in general, and about its application in particular areas or industries. In order to download material, users must register with the site.

 

American Bar Association - Section of Dispute Resolution
This section maintains a bibliography of recent scholarship in the area of dispute resolution detailing books and articles written on the subject. Also, a searchable database provides access to the National Clearinghouse for Mediator Ethics Opinions. Latest news and upcoming presentations are also featured.

 

CPR Institute for Dispute Resolution

Founded in 1979 as the Center for Public Resources, CPR's mission is to spearhead innovation and promote excellence in public and private dispute resolution, and to serve as a primary multinational resource for avoidance, management and resolution of business-related and other disputes. ADR tools include Model Rules and Clauses and Early Case Assessment Guidelines.An ADR glossary is included in the ADR Primer.

National Center for State Courts
ADR Database This resource of ADR programs across the nation " attempted to collect qualifications, compensation, referral, and program information from every state (and within some states, every county)". The database is searchable by state and by topic, such as appellate, civil, criminal, juvenile, etc.
ADR Resource Guide Links to guides on funding, standards, national certification and mediation, negotiation and ADR programs throughout the country.

 

Other Resources

 

Links to Law School ADR Programs
The Association of American Law Schools links to the ADR web pages of individual law schools on this site.

Moritz College of Law Program on Alternative Dispute Resolution
This program at The Ohio State University links to publications, blogs and job searching web sites for those interested in dispute resolution.

Program on Negotiation at Harvard Law School
Reports on communication skills, facilitating a negotiation, dispute resolution and much more are provided. A clearinghouse of publications and teaching materials on ADR and negotiation is linked on this site.

Zimmerman's Research Guide to Arbitration, Negotiation and Alternative Dispute Resolution
Part of the Lexis/Nexis InfoPro resources, this guide focuses on ADR and features the leading information sources, arbitration awards, arbitration and mediation rules and treaties and conventions.

 

Updated 02/11 (MK)

Page last saved 23-Sep-2011