Alternative Dispute Resolution
To help facilitate access to the State Law Library's print legal resources, our librarians have selected the most noteworthy titles in our collection and arranged them here by subject.
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» Texas Titles
Texas practice guide. Alternative dispute resolution
Latest received: 2020-2021 Edition. By Levy, Jerome S. West Group. 2011-.
This title provides the practitioner with a comprehensive overview of the alternative dispute resolution process. It includes strategies, tips, examples, and sample forms with references to relevant Texas laws, rules, and regulations.
KFT 209 T5 ADR
» Federal/General Titles
AAA yearbook on arbitration & the law
Latest received: 2015. JurisNet. 2011-.
This title is an annual survey of important developments in arbitration and the law, published for the first time since 2007. The first part provides analysis of the latest relevant opinions from the United States Supreme Court, the United States Court of Appeals and state supreme courts. The second part features articles on a wide range of arbitration topics, including information about the activities of the AAA itself as well as the international AAA/ICDR.
KF 9084 A37
ADR & the law : Developments in the law : 2003
Juris Publishing, Inc. 20th edition. c2006.
A discussion of changes in ADR legislation on the State, Federal, and International levels. Case digests are provided for such varying topics as medical malpractice, construction, employment and labor, religion, and reinsurance and are supplemented by commentaries on notable developments.
KF 9084 A37
Challenging conflict : Mediation through understanding
By Friedman, Gary J. ABA Section of Dispute Resolution. 1st ed. c2008.
This book presents a unique and sensitive approach to conflict mediation. The authors urge mediators to strive for understanding of the best interests of both parties so that as a group they can work towards the optimal solution. The book provides techniques and methods for moving past traditional stumbling blocks in conflict situations with the goal of promoting more harmonious and advantageous negotiations.
KF 9084 H56
Collaborative law : Start to finish
State Bar of Texas. 2014.
This title is a discussion of the collaborative law practice and its use in family law and other civil cases.
Note: This item is also available electronically.
KFT 535 A2 C6
ABA, Forum on the Construction Industry. .
In the introduction, Philip Bruner traces the history of nonjudicial dispute resolution methods in the construction industry. The first uniform contract promulgated in 1888 by the American Institute of Architects “mandated binding, nonjudicial resolutions of disputes.” In general, the construction industry prefers to use alternatives to litigation because ADR provides speedy results that ensure work can resume. This book, written and edited by working experts, explains the various forms of Construction arbitration and mediation and examines the methods from the perspectives of the various stakeholders.
KF 902 C665
Domke on commercial arbitration (The law and practice of commercial arbitration)
Latest received: 2016. By Domke, Martin. Thomson/West. 3rd ed. /. c2003-.
A resource on domestic and foreign commercial arbitration with examples of federal statutes and arbitration rules and case law. Checklists, outlines, instructional illustrations, and forms are supplied to aid practitioners. Hearings, awards, challenges, and enforcement are all covered.
KF 3419 D6
Early neutral evaluation
By Brazil, Wayne D. American Bar Association, Section of Dispute Resolution. c2012.
Early Neutral Evaluation (ENE) is a process utilized at the pretrial stage of litigation to help parties hone in on the disputed issues in a lawsuit. Participants work with a "shared information base". This focused sharing of information facilitates settlement before trial and can also streamline a case that goes to trial, saving money in either event. It is good for the litigants in resolving disputes and for the courts in getting disputes resolved efficiently. ENE is particularly advantageous because the parties look at the issues early on even before the burdensome and costly discovery phase. It is nonbinding, so there is no danger of losing your day in court. This volume explains what ENE is and its dispute resolution function. Additionally, It is prepares the reader to work as a neutral or evaluator, expanding the dispute resolution options a practitioner can offer.
KF 9084 B718
A guide to federal agency adjudication
Section of Administrative Law and Regulatory Practice, American Bar Association. 2nd edition. .
An administrative procedure is increasingly the first step an individual must take in resolving a dispute especially in the area of government benefits. Agency adjudications impact individuals in very important ways. When individuals view the adjudication procedures as giving them a fair chance to have their say, they are more likely to feel satisfied with the decision. This prevents every dispute going onto formal court proceedings. This handbook covers due process under the under the Administrative Procedures Act, as well as, how to ensure the same protection under proceedings not governed by the APA. The 2012 “A Blackletter Statement of Federal Administrative Law”, prepared by the Section of Administrative Law and Regulatory Practice of the American Bar Association is included as Appendix A.
KF 5407 G838
Handbook on arbitration practice
A succinct and comprehensive introduction to the use of arbitration by leading legal scholars and practitioners. This resource contains updated and revised discussions of the process which originally appeared in the American Arbitration Association's Dispute Resolution Journal. Major topics include issues of practice and procedure, arbitrator selection and conduct, ethics, discovery and evidence, and damages, review, and enforcement of arbitration rewards.
KF 9085 H363
How arbitration works
Latest received: 2014 Supplement. By Elkouri, Frank. Committee on ADR in Labor & Employment Law, American Bar Association, Section of Labor and Employment Law. Seventh Edition /. ♭2012.
This book contains information on retiree health insurance, protection of intellectual property, recognition of unions, the ability to enforce agreements which would waive statutory claims, unauthorized practice of law by non-lawyer advocates, the right to appeal a denial of grievance to arbitration, and public sector off-duty misconduct.
KF 3424 E53
Making money talk : How to mediate insured claims and other monetary disputes
By Little, J. Anderson. American Bar Association, Section of Dispute Resolution. 1st ed. c2007.
"Learn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: gain a better understanding of the dynamics of money negotiations, identify the recurring problems presented in those cases, acquaint and arm yourself with new tools to handle those challenges, build a model of the mediation process that will serve as a road map when traditional bargaining is unavoidable, and assist the parties in traditional bargaining in a facilitative, rather than a directive way." - publisher's description
Table of contents only: http://catdir.loc.gov/catdir/toc/ecip0712/2007008604.html
KF 9084 L58
Mediating legal disputes : Effective strategies for neutrals and advocates
By Golann, Dwight. ABA Section of Dispute Resolution. c2009.
This book explains how to mediate high stakes commercial disputes which require the neutral to command a broad range of mediation tactics. The author discusses a variety of dispute resolution techniques and provides examples from actual meditations to show how they can be applied. An accompanying DVD demonstrates the mediation skills described in the book being applied to international business mediation.
KF 9085 G63
The mediator's handbook : Advanced practice guide for civil litigation
By Cooley, John W. National Institute for Trial Advocacy. 2nd ed. 2006.
A guide on the mediation process focused primarily on the role of the mediator. Chapters are organized by the stages of the mediation process. Preparation, party introduction, problem statement and clarification, evaluation, alternatives, and agreement are all covered independently to provide a comprehensive overview of mediation structure and outline a blueprint for effective communication.
KF 9084 C573
Practice skills toolkit : Tips on ADR, discovery & ethics
First Chair Press. .
"Practice Skills Toolkit ADR is a compilation of articles, chosen by younger practicing lawyers, which struck them as helpful guides in the practice of law. These articles, arranged under the topics of Ethics, Discovery, and Alternative Dispute Resolution (ADR), are timeless and universal in their appeal. In the world of increasingly complex discovery practice, increasing ADR, and serious attention to ethics guidelines, knowledge of these three areas is essential. Whether at a large or small firm, in-house or outside counsel, rural or urban, and regardless of practice area, each of these topics will affect all litigators." - from the publisher
KF 9084 P73
Processes of dispute resolution : The role of lawyers
By Rau, Alan Scott. Foundation Press Thomson/West. 4th ed. 2006.
This book focuses on the role of lawyers in the alternative dispute resolution (ADR) process and how they can use this process on behalf of their clients. Covering practice situations and techniques, professional ethical issues, and the law underlying ADR processes, this book seeks to better equip lawyers to serve their clients' interests. Topics include negotiation, mediation and arbitration.
KF 9084 A7 M87