Mediation And Arbitration

Author : Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer
Publisher : Kluwer Law International B.V.
Page : 334 pages
File Size : 42,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041122568

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Arbitration and Mediation in International Business by Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer Pdf

"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.

Author : Peter R. Silverman
Publisher : Unknown
Page : 116 pages
File Size : 54,6 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105064262251

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The Client's Guide to Mediation and Arbitration by Peter R. Silverman Pdf

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.

Author : Dilyara Nigmatullina
Publisher : Routledge Research in International Commercial Law
Page : 279 pages
File Size : 49,8 Mb
Release : 2018-06-22
Category : Dispute resolution (Law)
ISBN : 1138478407

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Combining Mediation and Arbitration in International Commercial Dispute Resolution by Dilyara Nigmatullina Pdf

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner's legal culture, arguing that this is not a 'one-size-fits-all' process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Author : Peter d'Ambrumenil
Publisher : Routledge
Page : 169 pages
File Size : 51,8 Mb
Release : 1997-01-18
Category : Law
ISBN : 9781135352400

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Mediation & Arbitration for Lawyers by Peter d'Ambrumenil Pdf

First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

Author : Michael McIlwrath,John Savage
Publisher : Kluwer Law International B.V.
Page : 530 pages
File Size : 51,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041126108

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International Arbitration and Mediation by Michael McIlwrath,John Savage Pdf

This book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge. The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference.--Provided by publisher.

Author : Stephen B. Goldberg,Frank E.A. Sander,Nancy H. Rogers,Sarah Rudolph Cole
Publisher : Aspen Publishing
Page : 704 pages
File Size : 52,9 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781543820812

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Dispute Resolution by Stephen B. Goldberg,Frank E.A. Sander,Nancy H. Rogers,Sarah Rudolph Cole Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
Page : 820 pages
File Size : 46,5 Mb
Release : 2010-09-01
Category : Law
ISBN : 9781933833507

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AAA Handbook on Mediation - Second Edition by American Arbitration Association Pdf

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 a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in 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.

Author : Andrea Doneff,Abraham Ordover
Publisher : Aspen Publishing
Page : 294 pages
File Size : 43,9 Mb
Release : 2014-07-17
Category : Law
ISBN : 9781601563378

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Alternatives to Litigation by Andrea Doneff,Abraham Ordover Pdf

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.

Author : William DeJong,Gail A. Goolkasian,Daniel McGillis
Publisher : Unknown
Page : 20 pages
File Size : 43,6 Mb
Release : 1983
Category : Arbitration and award
ISBN : MINN:20000004216749

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The Use of Mediation and Arbitration in Small Claims Disputes by William DeJong,Gail A. Goolkasian,Daniel McGillis Pdf

Author : Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal
Publisher : Juris Publishing, Inc.
Page : 1198 pages
File Size : 50,5 Mb
Release : 2012-04-01
Category : Law
ISBN : 9781933833750

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Practitioner's Handbook on International Arbitration and Mediation - Third Edition by Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal Pdf

The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.

Author : Stephen B. Goldberg,Frank E. A. Sander,Nancy H. Rogers
Publisher : Aspen Publishers
Page : 148 pages
File Size : 49,6 Mb
Release : 1995
Category : Dispute resolution (Law)
ISBN : STANFORD:36105061813155

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Dispute Resolution by Stephen B. Goldberg,Frank E. A. Sander,Nancy H. Rogers Pdf

This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.

Author : Abraham P. Ordover,Andrea Doneff
Publisher : Unknown
Page : 288 pages
File Size : 44,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063212893

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Alternatives to Litigation by Abraham P. Ordover,Andrea Doneff Pdf

Author : Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Jennifer Reynolds,Amy J. Schmitz
Publisher : Aspen Publishing
Page : 804 pages
File Size : 41,8 Mb
Release : 2021-09-14
Category : Law
ISBN : 9781543844351

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Resolving Disputes by Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Jennifer Reynolds,Amy J. Schmitz Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion

Author : John T. Dunlop,Arnold M. Zack
Publisher : Jossey-Bass
Page : 0 pages
File Size : 40,5 Mb
Release : 1997-09-12
Category : Business & Economics
ISBN : 0787908479

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Mediation and Arbitration of Employment Disputes by John T. Dunlop,Arnold M. Zack Pdf

A Guide for Policy and Practice This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack! --Jerry J. Jasinowski, president, National Association of Manufacturers For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.

Author : Helen Leah Lightstone
Publisher : FriesenPress
Page : 102 pages
File Size : 48,8 Mb
Release : 2023-12-05
Category : Law
ISBN : 9781039132610

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Reel Mediation by Helen Leah Lightstone Pdf

Some might concede that the seminal legal drama 12 Angry Men might have something to teach us about conflict resolution. Might the same be said, though, of Danny DeVito’s 1989 black comedy, The War of the Roses? What could Clint Eastwood’s 2008 drama, Gran Torino, teach us about mediating disputes? In this exciting and original work of nonfiction, veteran mediator Helen Lightstone takes these and other questions seriously, asking what movies might offer as teaching tools when it comes to alternative dispute resolution. Designed with students of Lightstone Academy for Conflict Resolution’s advanced mediation course, “The Quintessentials,” in mind, this book is broken down into five major chapters—each of which relies on a film or set of films to explore a major area of dispute resolution. First, 12 Angry Men will introduce you to basic concepts, before the historical drama The Tenth Man provides a more complex look at processes of negotiation. The period piece Woman in Gold takes you through the arbitration process, and the documentary Music From the Big House and thriller Colonia review process design in more depth. War of the Roses offers a thorough look at advanced mediation and finally, Gran Torino examines conflict resolution across cultural difference. Overall, this groundbreaking work is perfect for anyone interested in all forms of alternative dispute resolution—especially those looking to build on their pre-existing knowledge through practical and entertaining examples drawn from popular films.