Mediation, ADR, and Arbitration
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» Mediation, ADR, & Arbitration
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This is a featured Texas title Collaborative law : Start to finish
By State Bar of Texas. State Bar of Texas. 2014 Edition. 2014.
"This book discusses the practicalities of the collaborative law practice and its use in both family law and other civil cases. It includes forms to help the practitioner working on a case, as well as essential documents about the collaborative process and its history." -President's letter
By Samaras, Harrie. American Bar Association. 2;2017-09. 2017.
Considering the large number of IP cases that settle every year and the significant financial and business risks this avoids, specialized knowledge and experience in the practice of ADR is a must. This updated and expanded guide will help you learn the skills necessary to expertly represent clients when using alternative dispute resolution (ADR) in intellectual property disputes. From negotiating agreements with dispute resolution clauses, counseling clients about ADR, and evaluating the terms of settlement, this must-have resource combines the wisdom of attorneys, neutrals, judges, academics and clients to give you the strategies and practical expertise for applying ADR in the simplest to most complex IP cases. Topics include: Uses of ADR in IP and technology disputes Drafting pre-dispute ADR provisions in IP agreements, including sample clauses Early case assessment analysis to better manage a dispute Initial damages assessments Mediation and how to prepare for it Making the decisi…
Read online: http://lexisdl.com/library/txsll/title/3596009
By Nolan-Haley, Jacqueline M. West. Fifth edition. 2021.
"This title presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various mixed mode hybrids such as arb-med, med-arb, consensus-building as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration. Other topics include dispute system design, implicit bias, repeat player bias, and third-party funding. Each chapter contains a bibliography. This is a must read for anyone interested in the field of dispute resolution." - publisher's description
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By Bakken, Larry. American Bar Association. 1;2016-07. 2016.
In recent years, alternative dispute resolution (ADR) has overtaken trial litigation as an cheaper and less complicated method of resolving disputes. This is especially true in government disputes, where the financial burden of litigation falls to the taxpayer. Many overburdened state and local governments have been turning to ADR to alleviate the both the strain on the taxpayers and the overburdened court system. For any lawyer in this field, understanding ADR isn't enough. One must understand the specific needs of state and local governments in order to succeed. This valuable guide, edited by Otto J. Hetzel and Professor Steven Gonzales, collects the thoughts and experiences of eight different ADR experts to analyze the history, usage, and future of state and local government ADR. This important information will position you for this groundbreaking change in government litigation, and help you serve your clients to the best of your abilities. Topics include: An overview of ADR An a…
Read online: http://lexisdl.com/library/txsll/title/2883707
By Allgeyer, David A. American Bar Association. 1;2017-09. 2017.
?Patent litigation is increasingly prevalent today, but this use of the courts to resolve disputes makes the process significantly more expensive for the client, sometimes prohibitively so. Many patent disputes can't bear the level of expense that comes with the territory of a jury trial in federal court. Arbitration can provide a productive path for getting smaller cases resolved so that the entry fee doesn't end up being more than the prize. Arbitrating Patent Disputes provides a practical, clear, step-by-step guide to arbitration, covering everything from evaluating whether it makes sense to include arbitration in the patent-related agreement, to drafting the clause, pre-hearing preparation, presenting the most robust case during the hearing, enforcing or attacking the award, and handling appeals.
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By Brewer, Lee M. American Bar Association. ;2020-07. 2020.
It is a growing trend that a surety's principal enters into an arbitration to resolve a dispute, or that the surety is faced with a demand that they agree to arbitrate disputes involving its principal, oblige, or claimants. Increasingly, sureties and surety counsel are faced with the need to assess the risk the surety may face by arbitration, either by participating in — or refusing to participate in — an arbitration wherein its principal is a party. This compendium offers a timely and meaningful tool to the surety practitioner in order to determine whether the surety should or must participate in an arbitration proceeding and what happens if the surety chooses not to do so. It examines whether the surety must participate as a named party and whether an arbitration award against its principal has a preclusive effect on the surety. In addition to thoroughly examining all the issues involving arbitration and the surety, the book also looks at the cost-effectiveness of arbitra…
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By Carbonneau, Thomas E. West Academic Publishing. Fifth edition. 2021.
"This Nutshell on arbitration addresses freedom of contract, federal preemption, and universal arbitrability. It conveys a thorough sense of the relevant case law and applicable rules. It describes the unique features of the various forms of arbitration and covers the current debate about arbitration." - publisher's description
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By Mosten, Forrest S. American Bar Association. 1;2018-11. 2018.
This new book, edited by Forrest S. Mosten, an experienced mediator and Collaborative practitioner, and Adam Cordover, an attorney with insights as an emerging leader in the Collaborative movement, puts the spotlight on the wisdom and practice-derived insights of 25 authors who command vast experience in the trenches of their Collaborative practices. Prologue: Making Collaborative and Non-Court Practice Your Day Job – Forrest S. Mosten & Adam B. Cordover Chapter 1: Lawyers as Peacemakers. Really?!? Yes, Really. – David Hoffman Chapter 2: How Collaborative Practice Will Improve Your Profitability – Robert Merlin Chapter 3: Redefining Your Practice Signature and Creating a Profitable Peacemaking Practice – Kevin Scudder Chapter 4: How Many Hats Can You Wear? Assessing If You Can Be a Collaborative Professional and Still Litigate – Carl Michael Rossi Chapter 5: Being A Client Leader: The Art of Gaining New Collaborative Clients – Rich Grof Chapter 6: Ef…
Read online: http://lexisdl.com/library/txsll/title/4468236
By Podziba, Susan L. American Bar Association. ;1. 2014.
Bringing together the forces of political debate, this book outlines civic fusion and the process of successful public policy mediation. To help mediators understand how powerful the tool of mediation is and help them reach their full potential, this guide outlines what civic fusion is and provides real world examples of cases with positive outcomes. The book examines what mediators aspire to do, what they actually do, and outlines what needs to be done to bring disparate groups of people together to reach agreements on complicated public policy questions.
Read online: http://lexisdl.com/library/txsll/title/1896050
By Tesler, Pauline. American Bar Association. 3;2016-12. 2016.
The third edition of Collaborative Law is substantially revised and expanded. This edition serves both as a broad, comprehensive introduction to collaborative legal practice for lawyers new to the area as well as a current reference for more experienced practitioners. In the preface of the first edition, Stu Webb, the grandfather of collaborative law, wrote that practicing CL "will change your practice and your life." Webb knew what he was talking about. CL burst into view when Pauline H. Tesler "exported" the concept first developed by Webb in his practice. Over the years CL has consistently attracted lawyers who want to align their life values with their professional practice and who abhorred the adversarial norms of divorce litigation. CL has taught family lawyers an invaluable lesson on how to respond effectively to change the tone of contenuous divorce litigation to a civil conversation that results in an equitable agreement for both divorcing partners. In this book, the author cu…
Read online: http://lexisdl.com/library/txsll/title/3075579
The complete guide to mediation : How to effectively represent your clients and expand your family law practice
By Mosten, Forrest S. American Bar Association. 1;2016-06. 2016.
It's been 20 years since the first edition of The Complete Guide to Mediation was published and there have been many developments in dispute resolution during this time. One major change is the growing acceptance and use of mediation within the family law field. With this in mind, the authors took great care to focus this book exclusively on the role and practice of family lawyers. This second edition of The Complete Guide to Mediation provides a multitude of strategies as well as resources for family lawyers to put into immediate uses in their practices. An essential underpinning of mediation is the creative use of collaboration in divorce cases. This book will provide you eye-opening proven strategies from experts on techniques such as the art of listening, collaboration, dissecting information, empathy, peacemaking, and reconciliation. As a family law practitioner, if you want to become a more effective mediator, counselor and advocate for your clients and expand your practice, this…
Read online: http://lexisdl.com/library/txsll/title/2821690
By Bastianelli, Adrian L. American Bar Association. 1;1. 2014.
This book contains a detailed discussion and analysis of all aspects of ADR processes used in the construction industry including mediation, arbitration, DRBs, IDMs, and project neutrals. The book is unique in that it provides both practical advice and analysis from experts in construction ADR and citations to case law, treatises, and other publications. It is directed at the novice as well as the expert and will assist construction lawyers performing legal research as well as those looking for expert advice and analysis. For the first time, the Forum is including real time updates to the book at http://constructionadrbook.com. The newest cases, concepts, articles, and analysis dealing with each subject will be available immediately online.
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Latest received: Automatic updates. National Consumer Law Center with the Public Justice Foundation. Eighth edition. c2020-.
"In almost every area of consumer litigation today, the first question is whether the case can be forced into binding arbitration. This treatise now in its eighth edition is the definitive treatment on the subject, written by some of today’s most active consumer attorneys in the field." - publisher's description
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By Stoner, Katherine E. Nolo. Sixth edition. 2021.
If you are trying to avoid legal bills and headaches during your divorce, this book can assist in guiding you through a negotiated divorce through means of mediation and/or collaboration.
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By Brazil, Wayne D. American Bar Association. 1;1. 2014.
This valuable guide is a tool to teach lawyers, litigants, neutrals, judges, court program administrators, and public policy analysts what early neutral evaluation (ENE) consists of, why and under what circumstances it can be used most productively, the difference between it and mediation (in the forms most commonly encountered by litigants and lawyers), and how clients, litigators, and neutrals have been assessed the value of ENE. Written by experts in the field, this handbook will equip lawyers and clients alike to decide more reliably when to use ENE and how to participate in an ENE process most effectively.
Read online: http://lexisdl.com/library/txsll/title/1871331
By Zack, Carolyn Moran. American Bar Association. ;2021-01. 2021.
For many attorneys, arbitration is becoming the preferred method for resolving many family law issues. Understand the pros and cons of arbitration and the types of processes employed with this comprehensive manual. Invaluable resources include a state-by-state survey of family law arbitration, practical guidance on choosing an arbitrator and conducting an arbitration, and sample forms.
Read online: http://lexisdl.com/library/txsll/title/6030678
By Frangiamore, David. James Pub. 2021.
"Get a better understanding of how insurers work and how to obtain better settlements for your clients. Learn how to get across the true value of your case, side step delays, and get your case settled." -Publisher's Description
Read online: https://lexisdl.com/library/txsll/title/7887604
By Ferrari, Franco. West Academic Publishing. First edition. 2020.
"Foreign direct investment ("FDI") is a key pillar of the world's global economy. International investment law comprises the rules regarding the protection of investors engaging in FDI activities. This book summarizes the current legal regime of international investment protection and the challenges that lie ahead of it. Its ambition is to provide a concise introduction to the key substantive and procedural standards of international investment protection." - publisher's description
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By Nolan, Dennis R. West Academic Publishing. Fourth edition. 2020.
"Labor and employment arbitration law simplified. Authoritative coverage provides a description of the origin, development, and practice of labor and employment arbitration. Text focuses on the fundamentals of the labor and employment arbitration process and explores the major arbitration law issues, their importance, and the conflicting opinions on them." - publisher's description
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By Loughran, Charles S. American Bar Association. 2021.
This book is a handbook to guide lawyers as well as lay employer and union advocates in preparing and presenting their cases to a neutral arbitrator or board of arbitration. It leads the reader through each step of the labor arbitration process, particularly to see the arbitration process from the perspective of the advocate and to evaluate the strategies and tactics often employed by experienced advocates in case preparation and presentation. It is also designed for union and management lawyers and lay advocates alike. In virtually all aspects of case preparation and presentation, the tasks and skills of a union advocate are mirror images of those of his or her employer counterpart, and vice versa. Although union advocates almost always represent the individual(s) bringing the grievance (the "grievant(s)" or "complainant(s)") and the union that represents him/her/them (which is defending the case), the specific steps in preparation and presentation of the case are identical for each s…
By Lande, John. American Bar Association. 1;2016-2. 2016.
In litigation, many negotiations occur late in the case, when trial or other deadlines are bearing down. Similarly, lawyers negotiating deals often delay making concessions until the last possible minute to gain negotiating leverage. This book explains why planned early negotiations rather than unplanned late negotiations are more effective and can increase your success in practice. This book will help you: —Build strong relationships with your clients —Choose billing systems that maximize both your interests and your clients' interests —Develop effective working relationships with the other side and minimize unnecessary conflict —Increase your confidence when you negotiate —Manage problems that commonly arise in negotiation —Use experts and other professionals effectively —Improve your negotiation skills throughout your career
Read online: http://lexisdl.com/library/txsll/title/2592787
By Teply, Larry. West Academic Publishing. Fourth edition. 2023.
"Follows the entire process from opening negotiations to settlement. Text first introduces negotiation in law practice and representing a client in legal negotiation. Covers the basic types of legal negotiations, case evaluation, and preparation. Also addresses the types of legal disputes that should not be negotiated. Examines negotiating styles, strategies, and tactics as well as the stages of legal negotiation." - publisher's description
By Gary, Susan N. American Bar Association. 1;2016-12. 2016.
An important new resource for attorneys to assist clients in resolving - and avoiding - disputes in an estate planning practice Estate planners and elder law practitioners are increasingly aware of the availability of mediation as a tool for resolving family disputes. Probate courts around the country are increasingly interested in encouraging parties to try mediation before resorting to litigation. But by the time a dispute reaches the probate court, damage to family relationships may have already occurred. Mediation for Estate Planners: Managing Family Conflict provides the basic tools to understand and employ mediation within an estate planning practice and appreciate the usefulness of these alternative dispute resolution processes. Written by a team of experienced attorneys and mediators, this book can assist lawyers in recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entre…
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By Kovach, Kimberlee K. West Academic Publishing. Third edition. 2014.
"This title provides a comprehensive, yet concise examination of the primary aspects of mediation practice. In doing so, the book considers the legal, philosophical, policy and practical issues surrounding mediation use. Matters include issues such as levels of participation in mediation, enforceability of mediated agreements, regulation of practice including ethical issues, and a survey of the specialized applications of mediation. The extent and limits of confidentiality are examined along with consideration of the Uniform Mediation Act. Each chapter also contains an extensive bibliography and listing of the leading cases in each subject area. " - publisher's description
By Vaccaro, Joseph L. James Publishing Inc. 2015.
Negotiating With Insurance Companies gives you an insider's edge in dealing with insurance adjusters. Packed with proven, practical advice, this book will help you establish coverage and liability, and present a compelling damages case.--Publisher's description.
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By Doskow, Emily. Nolo. Ninth edition. 2022.
Information and guidance about the divorce process and steps of working with lawyers or mediators.
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By Ware, Stephen J. West Academic Publishing. Fourth edition. 2023.
"Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and case law accessible to the student or lawyer. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice, and legal doctrine." - publisher's description
By Ware, Stephen J. West Academic Publishing. Second edition. 2023.
"The Concise Hornbook Principles of Arbitration Law is an authoritative and extensively cited treatise on arbitration. It thoroughly discusses general arbitration law—from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements—and provides in-depth coverage of specialized law governing international arbitration and labor arbitration. The last few decades have witnessed the growth of a large body of legal doctrine—from statutes, judicial decisions, and other sources—focused on arbitration. This Concise Hornbook summarizes that body of law, so should be useful to lawyers and scholars researching arbitration law and to students learning about arbitration. This Concise Hornbook is designed to be used as the primary or secondary text in a law school course. Many teachers of arbitration design their courses to develop a wide array of practice skills, generally through the use of role-playing exercises. Because this book is clear and concise, …
By Penn, Timothy H. American Bar Association. ;2018-08. 2018.
Each year hundreds of millions of insurance claims are filed against insurance carriers in the United States and around the world, representing hundreds of billions of dollars in insured losses. From minor fender-bender auto accidents to major catastrophic events, handling these claims requires the expertise of many attorneys, claim professionals, managers, administrators, and experts in various disciplines. Fortunately, the vast majority of insurance claims are resolved through the adjustment process without the need for litigation and involvement of the courts. Still, even the small percentage of claims that do not resolve in that manner result in hundreds of thousands of lawsuits filed in the state and federal courts. Using alternative dispute resolution mechanisms such as arbitration, mediation, settlement conferences, and appraisal is common as a way for both insurance claimants and insurance carriers to avoid the expense, delay, and uncertainty of trying an insurance claim disput…
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By Pryor, Will. West Academic. First edition. 2014.
A Short & Happy Guide to Mediation is for lawyers who want better results from mediation, clients curious about an upcoming mediation, mediators who want to become more effective, and students who want to explore dispute resolution as a career.
Read online: https://lexisdl.com/library/txsll/title/2141175
By Feingold, Lainey. American Bar Association. 1;2016-12. 2016.
Without lawsuits, Structured Negotiation has led to settlement agreements with Bank of America, Walmart, CVS, Major League Baseball, Anthem, Weight Watchers, and a host of other organizations. Settlements with the City and County of San Francisco, Houston's Metropolitan Transit Authority, and Massachusetts General Hospital demonstrate the process is also a viable litigation alternative for disputes in the non-profit and public sector. Lawsuits play an important role in moving society forward. But the legal profession - and the public it serves - deserve less costly, less stressful, and more cooperative alternatives. Clients need a forum where stories matter and they can feel heard. Would-be defendants need a process that allows them to do the right thing without having to first prove there is no problem to begin with. Readers will learn: How to write an opening letter that invites participation; How to establish ground rules; How to hold collaborative meetings and bring in experts with…
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By Parmelee, Brian. American Bar Association. ;2016-06. 2016.
Alternative dispute resolution, or ADR, is the practice of resolving disputes through processes other than litigation. The most common forms of ADR are mediation and arbitration, but many other forms exist in the Health Care arena to address specific types of disputes and their need for tailored processes for unique situations.Some of these include hearing officers for hospital hearings, referees for discovery disputes and early neutral evaluation of cases. Lawyers specializing in the Health Care field are required to utilize many skills, techniques and methods to resolve disputes for their clients. Health Care lawyers must remain up-to-date on regulatory changes, industry trends, the economic climate and changes in the law.
Read online: http://lexisdl.com/library/txsll/title/2821694