AAA Handbook on Commercial Arbitration


Book Description

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.







AAA Handbook on Construction Arbitration and ADR - Second Edition


Book Description

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.







Foundations of Dispute Resolution


Book Description

This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'. The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.




Alternatives to Litigation


Book Description

Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.




Alternative Dispute Resolution


Book Description

Of Contents Volume 1 -- Chapter 1. Introduction -- Chapter 2. Alternative Dispute Resolution Methods -- Chapter 3. Negotiation -- Chapter 4. Mediation -- Chapter 5. Mediation Advocacy -- Chapter 6. Arbitration: Statutory Bases -- Chapter 7. Arbitration: Arbitrability -- Chapter 8. Arbitration: The Arbitration Agreement -- Chapter 9. Commencing The Arbitration And Arbitrators -- Chapter 10. Arbitration: Preparation for Arbitration and the Arbitration Hearing -- Chapter 11. Arbitration: Advocacy -- Chapter 12. Arbitration: Arbitration Awards, Remedies, and Conclusiveness -- Chapter 13. Summary Jury Trials -- Chapter 14. Minitrials -- Chapter 15. Ombudsmen -- Chapter 16. Securities Disputes -- Chapter 17. Construction Disputes -- Chapter 18. International Commercial Disputes -- Chapter 19. Insurance Disputes -- Chapter 20. Intellectual Property Disputes -- Chapter 21. Labor and Employment Disputes -- Chapter 22. Health Care Disputes -- Chapter 23. Family Disputes -- Chapter 24. Court--Annexed Alternative Dispute Resolution Procedures -- Chapter 25. Compelling Arbitration and Stay of Proceedings -- Chapter 26. Vacating Arbitration Awards -- Chapter 27. Correcting, Modifying, and Confirming -- Arbitration Awards -- Appendices: Appendix A. Federal Arbitration Act -- Appendix B. Uniform Arbitration Act -- Appendix C. Revised Uniform Arbitration Act -- Appendix D. Uniform Mediation Act -- Volume 2 -- Appendix E. Convention On The Recognition And EnforcementOf Foreign Arbitration Awards -- Appendix F. Inter-American Convention on InternationalCommercial Arbitration -- Appendix G. Commercial Arbitration Rules and MediationProcedures (Including Procedures for Large,Complex Commercial Disputes) -- Appendix H. Model Standards of Conduct for Mediators -- Appendix I. Code of Ethics for Arbitrators in Commercial Disputes (2004) -- Appendix J. Code of Professional Responsibility for Arbitratorsof Labor-Management Disputes -- Appendix K. Consumer Due Process Protocol -- Appendix L. American Arbitration Association ecommerce Dispute Management Protocol -- Appendix M. A Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising out ofthe Employment Relationship -- Appendix N. Health Care Due Process Protocol -- Appendix O. FINRA Dispute Resolution: Party's Reference Guide -- Appendix P. Guide To Judicial Management Of Cases In ADR -- Appendix Q. ADR in the Federal District Courts -- Appendix R. Forms




Executive Guide to Managing Disputes


Book Description

The Executive Guide to Managing Disputes not only explains why litigation is so costly, but also how to manage disputes sensibly to avoid unnecessary litigation, reduce costs, and improve results. The book shows how ADR (i.e., Alternative Dispute Resolution) can short-cut disputes, and how to use often inexpensive dispute management programs to contain costs and achieve favorable outcomes.




Alternative Dispute Resolution


Book Description