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Alternatives to Litigation

Alternatives to Litigation

Alternatives to Litigation explores key concepts and terms in ADR practice, and addresses practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise.


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Publisher :NITA
Format: Second Edition, Perfect Bound , BOOK

ISBN: 9781556817496

2002
 
$60.00
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    Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now over a decade later and in its Second 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.

    Reviews

    "With the hunt afoot for alternatives to litigation's costs and aggravations, Ordover and Doneff provide a useful map of the ADR territory in this second edition. This volume sets out major areas in the field: interest-based problem solving theory and skills, negotiation, neutral evaluation and expert fact-finding, mediation and arbitration. A detailed discussion of mediation comprises half the book. Unobtrusive footnotes and a working bibliography provide resources for more detailed exploration. Strangers to the land of ADR and experienced travelers, whether advocate or neutral, will find this book a useful guide."

    -Mike Lamb, Wisconsin Lawyer, March 2003

    Contents

    Chapter 1. Interests, Rights, and Power
    Overview
    Means of Dispute Resolution

    Chapter 2. Forms of Alternative Dispute Resolution
    Negotiation
    Mediation
    Arbitration
    Neutral Evaluation and Expert Fact Finding
    Other Forms

    Chapter 3. The Dynamics of Conflict
    Overview
    Emotions
    Communication Problems and Misperception
    Role Problems
    Informational Problems

    Chapter 4. Negotiation
    Overview
    Negotiating Effectively Requires Good Communication Skills
    The Negotiation Process
    Positional Bargaining
    The Move to Interest-Based Bargaining

    Chapter 5. Neutral Evaluation
    Purpose of Neutral Evaluation
    How It Works

    Chapter 6. The Mediation Process
    The Mediator's Role
    Skills of an Effective Mediator
    The Mediation Process
    The Agreement

    Chapter 7. Special Problems That Arise During Mediation
    Specific Problems
    Last Minute Clinkers
    Power Plays
    Walkouts
    Discuss Your Options

    Chapter 8. Mediation Advocacy & Methods for Evaluating Claims for Mediation-BATNA, WATNA, and Economic Analysis
    Representing Clients in Mediation
    Preparing the Client
    Preparation by Counsel
    The Opening
    Exhibits
    Caucus and Other Meetings--Working with the Mediator
    Creating a Decision Tree

    Chapter 9. Mediating Special Types of Cases
    Personal Injury Cases
    Employment Mediation

    Chapter 10. Divorce Mediation
    Introduction
    Communicating with the Parties Prior to Mediation
    Screening for Domestic Abuse
    Timing of the Mediation
    Dealing with Emotion
    Confidentiality
    Issues Involving Children
    Checklist of Issues
    Drafting the Mediation Agreement
    Standards of Practice
    Conclusion

    Chapter 11. Ethical Considerations
    Impartiality/Conflicts of Interest
    Self-Determination and Voluntariness
    Confidentiality
    Liability of the Neutral

    Chapter 12. Co-Mediation and Other Types of Mediation
    Multiparty Mediation
    Fact-Based Mediation
    Timing of the Mediation

    Chapter 13. Arbitration
    Advantages
    Disadvantages
    The Process
    Variations on a Theme
    Managing Complex Arbitrations

    Chapter 14. Contract Clauses Requiring Alternative Dispute Resolution
    Advantages of Pre-Dispute ADR Clauses
    Enforcing Pre-Dispute Clauses
    Invalidating Pre-Dispute Clauses
    Drafting Pre-Dispute Clauses
    Arbitration Clauses in Employment Agreements

    Appendix A. Agreement to Mediate

    Appendix B. Opening Statement Checklist

    Appendix C. Model Standards of Conduct for Mediators

    Appendix D. Commentary on Ethical Issues by the Georgia Office of Dispute Resolution

    Appendix E. The Code of Ethics for Arbitrators in Commercial Disputes

    Appendix F.
    Resolution Resources Corporation Contract for Arbitration
    CPR Model Agreement for Parties and Arbitrators

    Appendix G.
    Abbreviated Clauses for Standard Business Agreements
    Detailed ADR Clauses for Business Agreements
    CPR Model Master Dispute Resolution Agreement (Negotiation-Mediation-Litigation)
    CPR Model Master Dispute Resolution Agreement (Negotiation-Mediation-Litigation mdrF.l)

    Bibliography

     

    Andrea Doneff


    Andrea Doneff has been involved in alternative dispute resolution (ADR) since 1991, when she joined Resolution Resources Corporation, an ADR provider, in its infancy. At RRC, she mediated and arbitrated various disputes, taught mediation and arbitration, drafted rules, designed the case administration system and designed and conducted training courses for both public and private training. Ms. Doneff taught ADR at Emory Law School for many years and served as the faculty advisor to the ADR Society. She has coached Emory's negotiation and mediation teams for national competitions sponsored by the American Bar Association for a number of years, and recently helped coach as Emory fielded its first team for the National Arbitration Competition. Ms. Doneff continues to mediate and arbitrate disputes, both as a neutral third party and as an advocate, at Buckley and Klein, LLP, where she practices in the area of employment law. She has also joined the panel of mediators and arbitrators at JAMS Arbitration, Mediation, and ADR Services as both a mediator and arbitrator for employment and other commercial disputes.

    Abraham P. Ordover


    Abraham P. Ordover is a retired nationally known mediator and arbitrator, specializing in complex, multiparty disputes. His mediation practice, Resolution Resources Corporation, closed in 2006, but not before Ordover mediated about 1,500 cases, which aggregated more than $3 billion. Mr. Ordover taught law for twenty years, first at Hofstra University and then at Emory University Law School. Prior to that, he was a litigator and trial lawyer at a major New York firm. He served as Northeast Regional Director and National Team Leader at the National Institute for Trial Advocacy (NITA) and is the author of Alternatives to Litigation: Mediation, Arbitration, and the Art of Dispute Resolution. Since his retirement, Mr. Ordover has become a well respected fine arts photographer and is the operator of The Ordover Gallery at the San Diego Museum of National History as well as The Ordover Gallery in Solana Beach.

     

 
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