The Client's Guide to Mediation and Arbitration

The Client's Guide to Mediation and Arbitration
Author: Peter R. Silverman
Publisher:
Total Pages: 116
Release: 2008
Genre: Law
ISBN:

Written for business owners who need to engage in mediation or arbitration who may not be familiar with the concepts or legal aspects of the process. This book will give the business executives the tools they need for their business to win through mediation and arbitration, and save lawyers involved in the process a lot of background and explanation.

Labor Arbitration Advocacy

Labor Arbitration Advocacy
Author: Jay E. Grenig
Publisher: Butterworth-Heinemann
Total Pages: 64
Release: 1989
Genre: Business & Economics
ISBN:

This hands-on guide discusses each vital stage of the labor arbitration process, stressing the practical techniques and tactics essential for success. Effective methods for preparing a case, examining witnesses, introducing exhibits and making arguments are detailed, as well as different approaches that can be used in arbitration hearings.

Massachusetts Alternative Dispute Resolution

Massachusetts Alternative Dispute Resolution
Author: John C. Cratsley
Publisher:
Total Pages:
Release: 2021
Genre: Dispute resolution (Law)
ISBN: 9781663317711

LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution distills the lifetime experience of a retired Associate Justice of the Massachusetts Superior Court who was Chair of the Superior Court's ADR Committee for ten years and is now an arbitrator and mediator with JAMS. Combining lucid legal analysis of Massachusetts law and ADR procedure, it provides step-by-step guidance to fulfilling the Massachusetts attorney's duty to discuss ADR with clients, selecting the appropriate type of ADR and participating in that ADR. Topically organized, it explains such topics as the following:Nature and purpose of ADR;Obligation to consider ADR;Approaching adversary about ADR;Statutes and rules governing mediation;Federal Arbitration Act and Massachusetts arbitration statutes;Identifying disputes that are generally suitable for mediation;Evaluating confidentiality and mediation privilege;Evaluating potential mediators;Ethical requirements for mediators;Role of attorney in mediation;Enforcing mediated settlement agreements;Using court connected mediation;Private contractual arbitration;Court connected arbitration;Compelling arbitration;Selecting arbitrators;Pre-arbitration issues and processes;Participating in arbitration;Delivering opening statements;Advocating at hearings;Conciliation;Case evaluation;Mini trial;Summary jury trial;Dispute intervention;and much more.LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution integrates how-to practice guidance, over 40 task-oriented checklists, over 150 practice tips, and citations to leading authority to make this complex area readily understandable to practitioners. It offers targeted practical guidance for the Massachusetts attorney struggling to select and pursue the appropriate type of ADR.

Tactics in M&A Arbitration

Tactics in M&A Arbitration
Author: Karl J. T. Wach
Publisher:
Total Pages: 500
Release: 2008
Genre: Law
ISBN:

Disputes regarding M&A transactions are often subject of arbitration proceedings. Their inherent flexibility creates scope for manoeuvre that, skilfully handled, can significantly contribute to the successful outcome of a dispute. The tactical opportunities of the arbitration process - against the background of eight key jurisdictions - are introduced and discussed in this book.

Strategies for Successful Arbitration

Strategies for Successful Arbitration
Author: Aspatore Books Staff
Publisher:
Total Pages: 168
Release: 2008
Genre: Law
ISBN: 9780314195098

Strategies for Successful Arbitration is an authoritative, insiders perspective on utilizing arbitration strategies to successfully resolve disputes. Featuring partners and chairs from some of the nations leading law firms, these experts guide the reader through the process of arbitration step-by-step, beginning with filing an arbitration demand and ending with an award being decided. From drafting clauses and researching the arbitrator or arbitration panel to utilizing experts and preparing exhibits, these top lawyers give tips on developing a statement that meets your clients ultimate goal in the proceedings. Additionally, these leaders discuss the qualities necessary for both arbitrators and for attorneys overseeing clients during arbitration proceedings. 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 experienced lawyers offer up their thoughts around the strategies for success within this currently expanding field.

How to Prepare and Present a Labor Arbitration Case

How to Prepare and Present a Labor Arbitration Case
Author: Charles S. Loughran
Publisher: BNA Books (Bureau of National Affairs)
Total Pages: 592
Release: 1996
Genre: Business & Economics
ISBN:

Before the heating, during the hearing, and following the hearing -- here is your essential guide to achieving winning results in arbitration. The author, a former labor attorney and employee relations executive, explains the most effective techniques you can use to: - determine what needs to be proven- assemble the evidence- select the arbitrator- present the case in chief- deal with objections- handle adverse witnesses- draft posthearing briefs- and moreYou get step-by-step analysis and advice on formal arbitration procedures, plus guidance on how to adapt your presentation to the arbitrator's individual style.On-point examples throughout the text -- plus sample statements and arguments, forms, checklists, a reading list, and more -- will save you valuable time and streamline your preparation.

Guerrilla Tactics in International Arbitration

Guerrilla Tactics in International Arbitration
Author: Günther J. Horvath
Publisher:
Total Pages: 429
Release: 2013
Genre: Law
ISBN: 9789041140029

To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested and‘stakeholdersand’. Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at the Vienna Arbitration Days 2010, at which time they used the popular term guerilla and– denoting such tactics as ambushes, sabotage, and intimidation and– to evoke their topic, and called for effective means to combat this undermining of the integrity and popularity of international arbitration. Their call bore fruit, and this collection of contributions by a wide spread of seasoned arbitration practitioners and– the driving forces in their field and– as well as leading academics with distinguished backgrounds and reputations bears powerful witness to the importance of the subject. Going beyond anecdote, these authors adopt an analytic view of guerrilla tactics in arbitration as a broad collective of unconventional means that undermine the mechanismand’s envisioned mode of operation. They offer eminently practical, and‘hands-onand’ discussions that give this topic foundation and elaborate on the issue in detail, from the perspectives of counsel, arbitrators, and arbitral institutions, to the specifics and intricacies of national and international litigation and the role of international institutions, to an intensive discussion on ethics in international arbitration, and and– most importantly and– the way forward. Among the specific topics are the following: dealing with state entities; sanctions available for arbitrators to curtail guerrilla tactics; influence of international institutions; and use of diplomatic channels. The book describes actual experiences from all major legal systems worldwide. Further practical guidance includes details of how to seek assistance from state courts, bar associations, the IMF, and the World Bank. As an invaluable source of knowledge and guidance, particularly as an instrument available to practitioners faced with arbitration guerrillas in jurisdictions all over the world, this book will rapidly become an indispensable handbook for use in difficult factual situations where time and means of recourse are limited.

Mediating Legal Disputes

Mediating Legal Disputes
Author: Dwight Golann
Publisher: American Bar Association
Total Pages: 394
Release: 2009
Genre: Law
ISBN: 9781604423037

This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.