Preparing For Alternative Dispute Resolution Cases Leading Lawyers On Best Practices For Mediation And Arbitration Analyzing When To Settle Vs Liti
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Author | : Aspatore Books |
Publisher | : Aspatore Books |
Total Pages | : 0 |
Release | : 2007-04 |
Genre | : Conflict management |
ISBN | : 9781596227477 |
"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
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Kathy Mack |
Publisher | : Spotlight Poets |
Total Pages | : 122 |
Release | : 2003-01-01 |
Genre | : Dispute resolution (Law) |
ISBN | : 9781875527458 |
"There is a growing diversity in the structure of court programs, in the types of disputes dealt with and in nature of processes that are used to resolve them... The paper points to the need for courts (and, indeed, other agencies) to develop a framework for referring matters to ADR which takes into consideration the factors and issues identified in this paper. Continuing education of judicial and court officers, and further research into the effectiveness of court ADR programs are additional priorities. The paper is a significant contribution to our thinking about when, how and in what circumstances courts decide that a matter is better dealt with by means other than judicial determination.
Author | : Pablo Cortés |
Publisher | : Routledge |
Total Pages | : 283 |
Release | : 2010-09-13 |
Genre | : Law |
ISBN | : 1136943501 |
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Author | : Jean-Claude Goldsmith |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 690 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 904113414X |
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Author | : Jerome T. Barrett |
Publisher | : John Wiley & Sons |
Total Pages | : 330 |
Release | : 2004-10-19 |
Genre | : Law |
ISBN | : 0787975427 |
A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Author | : Jay Tidmarsh |
Publisher | : |
Total Pages | : 116 |
Release | : 1998 |
Genre | : Class actions (Civil procedure) |
ISBN | : |
Author | : Michael Legg |
Publisher | : Butterworth-Heinemann |
Total Pages | : 297 |
Release | : 2013 |
Genre | : Australia |
ISBN | : 9780409332766 |
Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Author | : |
Publisher | : BRILL |
Total Pages | : 321 |
Release | : 2004-05-01 |
Genre | : Law |
ISBN | : 9047413717 |
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author | : |
Publisher | : |
Total Pages | : 370 |
Release | : 1978 |
Genre | : Labor laws and legislation |
ISBN | : |