Corporate Counsel's Guide to Alternative Dispute Resolution Techniques

Publisher's Editorial Staff

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Last Updated: 12/14/2009

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Description

This publication provides a collection of practical materials for corporate counsel on commonly used Alternative Dispute Resolution (ADR) techniques. It includes materials on arbitration (both domestic and international), negotiation, mini-trials, mediation, summary jury trials, ADR programs in place at various companies, resolving employment-related disputes, ADR providers, professional organizations, and Internet resources, resolving domain name disputes, and resolving magnuson-moss warranty disputes. It also provides sample forms and clauses.

Features

Discusses arbitration, minitrials, mediation, summary jury trials, negotiation, and settlements
Examines commercial arbitration in depth
Includes sample ADR clauses, which are helpful in the drafting process
Provides a comprehensive primer that surveys major ADR issues
Examples of existing ADR programs at major corporations provide practical guides to developing such programs
Provides reference information such as a directory of ADR service organizations and rules from the American Arbitration Association

More Information

Table of Contents (PDF) »

Summary Of Contents

Chapter 1 — Corporate Counsel’s Primer on Alternative Dispute Resolution Techniques,
Business Laws, Inc. Editorial Staff
Arbitration
Chapter
1. Commercial Arbitration,
  Business Laws, Inc. Editorial Staff
The Minitrial
1. [Reserved]
  1. CPR Minitrial Procedure,
    CPR Institute for Dispute Resolution
  2. Avoiding Litigation with the Minitrial: The Corporate Bottom Line as Dispute Resolution Technique,
    Douglas A. Henderson
Mediation
1. Mediation Outline: A Practical How-To Guide for Mediators and Attorneys,
  Tom Arnold
  1. Voluntary Mediation: Tool to Assess Risk and Speed Settlement,
    Michael S. Gillie and L Diane McGaha
  2. Uniform Mediation Act,
    Nicholas J. Vizy
  3. [Reserved]
  4. CPR Mediation Procedure,
    CPR Institute for Dispute Resolution
2. [Reserved]
3. [Reserved]
4. [Reserved]
The Summary Jury Trial
1. .
  1. Legal Issues Raised by the Summary Jury Trial Process,
    D. Alan Rudlin and Brian J. Schneider
Negotiation
1. [Reserved]
  1. [Reserved]
  2. [Reserved]
  3. Frequently Employed Negotiation Techniques,
    Charles B. Craver,
  4. Negotiation as a Distinct Area of Specialization,
    Charles B. Craver
2. [Reserved]
Settlement
1. [Reserved]
  1. A Checklist for Settlement of a Commercial Dispute,
    Neal Batson
2. Chapters 11-40 — [Reserved]
Company Programs
1. Alternative Dispute Resolution of Employment Disputes: An Idea Whose Time Has Come,
  Jeffrey S. Rueble
2. [Reserved]
3. Breaking the Mold of Grievance Resolution: A Pilot Program in Mediation,
  Allan D. Silberman
4. [Reserved]
5. Methodologies for Dispute Coordination and Control in the Blue Cross and Blue Shield System,
  Roger G. Wilson
6. [Reserved]
7. [Reserved]
8. [Reserved]
9. [Reserved]
ADR in Specific Contexts
1. Key Considerations in Drafting an Arbitration Clause in International Commercial Contracts,
  Jay G. Martin
  1. Checklist for Drafting Arbitration Clauses in International Commercial Contracts,
    Jay G. Martin
2. Arbitration of Construction Disputes,
  Business Laws, Inc. Editorial Staff
3. Alternative Dispute Resolution in the Employment Setting,
  Janet G. Payton
  1. Implementing a Program of Employment Alternative Dispute Resolution under the American Arbitration Association 2001 National Rules for the Resolution of Employment Disputes,
    Barton A. Bixenstine
  2. [Reserved]
  3. Grievance Procedures,
    Peter M. Panken and Stacey B. Babson-Smith
  4. A Nonlitigational Approach to Conflict Resolution: The Medical Center as a Model,
    Merle Waxman
4. Administrative Dispute Resolution Act of 1996,
  Business Laws, Inc. Editorial Staff
  1. Alternative Dispute Resolution Act of 1998,
    Business Laws, Inc. Editorial Staff
5. Dispute Management, Negotiation, and Settlement Techniques in Franchising,
  Andrew C. Selden and Andrew A. Caffey
6. The Use of Informal Dispute Resolution Procedures under the Magnuson-Moss Warranty Act,
  Nick J. Vizy
7. Arbitration of Domain Name Disputes,
  Mara J. Holland
Appendices
Bibliography