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Alternative Dispute Resolution & Mediation Treatises
ADR and the Law. American Arbitration Association
The American Arbitration describes this treatise as its flagship publication. It is published annually (2005 is the most recent edition in the Williams Law Library), and each edition presents a review of the domestic and international ADR case law and legislation deemed to be the most influential each year, along with expert commentary. Its contents include court decisions, highlights of pending legislation, and new ADR rules and procedures.
Alternative Dispute Resolution. Stephen J. Ware
This treatise reviews the law and concepts central to alternative dispute resolution (ADR), including adjudication, arbitration, negotiation, mediation, settlement agreements, and other related processes.
Alternative Dispute Resolution in a Nutshell. Jacqueline M. Nolan-Haley
Part of the nutshell series, this treatise provides an overview of alternative dispute resolution options, including coverage of negotiation, mediation, arbitration, and hybrid dispute resolution procedures.
Discipline and Discharge in Arbitration. Norman Brand (ed.)
This treatise offers specific information on the principles of just cause that have been developed to address both substantive and procedural issue in discipline cases. Writen as an expansion of a chapter in Elkouri & Elkouri's How Arbitration Works by members of the ABA Section of Labor and Employment Law's Committee on Alternative Dispute Resolution in Law and Employment Law, it addresses the rationales used by arbitrators in rendering their awards in a variety of employment law matters.
Domke on Commercial Arbitration. Martin Domke
Also available on Westlaw.
This treatise covers both domestic and foreign commercial arbitration. It includes references to federal statutes, case law, and arbitration rules, as well as forms, checklists, illustrated examples, procedural outlines, and other practice tips.
Federal Dispute Resolution: Using ADR with the United States Government. Jeffrey M. Senger
This treatise serves as a guide to using alternative dispute resolution in matters involving the federal government. Written by a senior counsel in the Office of Dispute Resolution at the U.S. Department of Justice, this handbook for practitioners includes information about the benefits of the ADR process, the laws and regulations that govern ADR, instructions on how to determine which disputes are best suited for the various types of ADR available, and guidance on how to prepare for and advocate effectively during ADR. Finally, it examines workplace and contracting disputes due to the prevalence of ADR in such areas, and addresses some special issues such as ADR program design, management, and training.
How Arbitration Works. Frank Elkouri & Edna Asper Elkouri
This classic work in the field of ADR addresses the workings of labor-management arbitration and the full range of questions and problems that confront parties and arbitrators. It also discusses relevant laws and their impact on dispute resolution, collective bargaining, and related issues.
Legal Negotiation in a Nutshell. Larry L. Teply
This guide follows the entire legal negotiation process from opening negotiations through final settlement. It covers the basic types of legal negotiations, case evaluation and preparation, the stages of legal negotiation, and negotiation styles and strategies. In addition, it spends some time discussing the types of legal disputes that should not be negotiated.
Mediation: Law, Policy, Practice. Sarah R. Cole, Craig A. McEwen & Nancy H. Rogers
KF9084 .R64
Also available on Westlaw.
This treatise is designed to be used by judges, legislators, and practicing attorneys involved in mediation. It reviews mediation law, including the identification of relevant cases and statutes in each state, and it analyzes some of the areas where various relevant legal doctrines have not yet been applied to mediation.
Mediation: Practice, Policy, and Ethics. Carrie Menkel-Meadow, Lela Porter Love & Andrea Kupfer Schneider
KF9084.A7 M46
This treatise provides comprehensive coverage of the mediation field, including law and policy, case examples, practice guidelines, and ethical guidelines and dilemmas. The authors also present critiques of mediation, along with discussions of its promise and potential, and they utilize a practical problem-solving approach that includes both analytical and behavioral approaches in varying gender, race, and cultural contexts.
Updated 08/11 (ET)
Page last saved 23-Sep-2011
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