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Arbitration Advocacy

Arbitration Advocacy

This insightful guide to the arbitration process will help you achieve the best results in all types of arbitration settings - from commercial to labor. Authors John W. Cooley and Steven Lubet describe an up-to-date arbitration process, including cyberarbitration and attorney ethics.


Availability: In Stock
Publisher :NITA
Format: Second Edition, Perfect Bound , BOOK

ISBN: 9781556817991

2003
 
$75.00
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    This insightful guide to the arbitration process will help you achieve the best results for clients in all types of arbitration settings - from commercial to labor. John W. Cooley, an experienced judge, trial attorney, arbitrator, and mediator, and Steven Lubet, author of NITA's best-selling Modern Trial Advocacy have written this book to describe an up-to-date description of the arbitration process for advocates. You will get specific advice on:

    •  The arbitration process
    •  Prehearing considerations
    •  Advocacy at the arbitration hearing
    •  Effective openings and closings
    •  Tactical considerations in shaping the process

    Arbitration Advocacy, Second Edition, contains a chapter on attorney ethics and a chapter on cyberarbitration which explores the variety of online dispute resolution services available, the benefits and limitations with the use of cyberarbitration, and considerations in selecting a cyberarbitration service and cyberarbitrator.

    Detailed checklists help you choose the appropriate arbitration forum and panel, and give guidance on drafting pleadings. The appendices include sample arbitration agreements and forms, commercial arbitration and ethics rules, a list of firms offering arbitration services, a list of ODR service provider Web sites, and procedures for online arbitration.

    Reviews

    "This guide to the arbitration process will help you achieve the best results for clients in all types of settings from commercial to labor arbitration. The book includes advice on how arbitration works, prehearing considerations, advocacy at the arbitration hearing, effective openings and closings, tactical considerations, and shaping the process. This Second Edition also contains new chapters on attorney ethics and cyberarbitration..."

    -Docket, April 2004

    CONTENTS

    Preface
    Acknowledgements

    CHAPTER ONE
    General Description of Arbitration in the ADR Context
    1.1 Overview of the Processes
    1.2 Important Differences Between Arbitration and Mediation
    1.3 Relative Advantages and Disadvantages of Arbitration, Mediation, and Court Adjudication
    1.4 Mandatory vs. Voluntary Arbitration and Mediation
    1.5 Initiating the Processes

    CHAPTER TWO
    Preliminary Pre-arbitration Considerations
    2.1 Stages of the Arbitration Process
    2.2 Application of Arbitration to Various Types of Disputes
    2.3 Drafting the Arbitration Agreement
    2.4 Selecting Cases for Arbitration
    2.5 Indicator Guide for Selecting Cases for Arbitration
    2.6 Choosing the Appropriate Arbitration Forum and Panel
    2.7 Attorney Ethics
    2.8 Considering Procedural Alternatives
    2.9 Considering Site Inspection and Audiovisual Aids
    2.10 Selecting Expert Witnesses
    2.11 Considering Whether to Mediate First
    2.12 Arbitrator Ethics
    2.13 Lawyer Serving As Third-Party Neutral
    2.14 Civility Guidelines

    CHAPTER THREE
    Prehearing Advocacy
    3.1 Drafting the Arbitration Demand
    3.2 Drafting the Response to the Demand
    3.3 Drafting Motions and Responses
    3.4 Drafting Position Statements
    3.5 The Preliminary Hearing
    3.6 Prehearing Discovery
    3.7 Court Reporters

    CHAPTER FOUR
    Preparing for the Arbitration Hearing
    4.1 Designing the Persuasive Trial Story
    4.2 Preparing the Client
    4.3 Preparing the Witnesses
    4.4 Preparing the Exhibits

    CHAPTER FIVE
    Advocacy During the Arbitration Hearing
    5.1 Procedural Rules
    5.2 Opening Statement
    5.3 Evidentiary Rules
    5.4 Direct Examination
    5.5 Cross-Examination
    5.6 Impeachment
    5.7 Expert Testimony
    5.8 Foundations for Evidence
    5.9 Shaping the Process Toward a Favorable Decision
    5.10 Final Argument
    5.11 Persuasive Techniques
    5.12 Summary of the Elements of Classical Persuasion

    CHAPTER SIX
    Post-hearing Advocacy
    6.1 Drafting Post-hearing Briefs
    6.2 Requisites of an Award
    6.3 Motion to Reopen Hearing or to Modify or Correct Award
    6.4 Enforcing the Award
    6.5 Challenging the Award
    6.6. Appeal

    CHAPTER SEVEN
    Description of the Hybrid Processes
    7.1 High-Low Arbitration
    7.2 Baseball Arbitration
    7.3 Fact-Finding
    7.4 Co-Med-Arb
    7.5 Summary Jury Trial
    7.6 Mini-Trial
    7.7 Simulated Juries
    7.8 Special Masters
    7.9 Early Neutral Evaluation
    7.10 Expert Panels
    7.11 Co-Mediation
    7.12 Arb-Med
    7.13 Binding Mediation
    7.14 Hybrid ADR Process Selection

    CHAPTER EIGHT
    Effective Advocacy in Cyberarbitration
    8.1 Basic Definitions
    8.2 Types of Alternative ODR Services--General
    8.3 Comparison of Face-to-Face, Telephone, and Written Communication in Arbitration
    8.4 Benefits and Limitations of Cyberarbitration
    8.5 Ethics of Cyberadvocacy
    8.6 Considerations in Selecting a Cyberarbitration Service and Cyberarbitrator
    8.7 Designing the Cyberarbitration Procedures Through the Vehicle of the Preliminary Hearing
    8.8 Cyberarbitration Protocols
    8.9 Cyberspace Netiquette
    8.10 Gathering Relevant Internet Information

    EPILOGUE

    APPENDICES
    A. Arbitration Forum and Panel Selection Checklist
    B. Pleading Drafting and Preliminary Hearing Checklist
    C. Client, Witness, and Exhibit Preparation Checklist
    D. Arbitration Hearing Checklist
    E. Post-hearing Advocacy Checklist
    F. Sample Arbitration Clauses for a Commercial Contract
    G. AAA Commercial Arbitration Rules
    H. JAMS Comprehensive Arbitration Rules and Procedures
    I. The Code of Ethics for Arbitration in Commercial Disputes
    J. Selected ABA Model Rules of Professional Conduct--2004
    K. Organizations Offering ADR Services
    L. Online Dispute Resolution Organizations
    M. Uniform Arbitration Act
    N. Federal Arbitration Act
    O. American Arbitration Association International Arbitration Rules
    P. American Arbitration Association Supplementary Procedures for Online Arbitration
    Q. Supplementary Rules of the E-Arbitration-Tribunal
    R. 1958 New York Convention of the Recognition and Enforcement of Foreign Arbitral Awards
    S. Arguments to Support Rulings on Various Motions and Objections During Arbitration Proceedings
    INDEX

     

    Hon. John W. Cooley


    Hon. John W. Cooley (1943-2009) was a mediator in government and private practice since 1977. He was a former United States Magistrate, Assistant United States Attorney, Senior Staff Attorney for the United States Court of Appeals for the Seventh Circuit, and a nationally recognized author and teacher of appellate advocacy and of alternative dispute resolution.

    Steven Lubet


    Steven Lubet is the Edna B. and Ednyfed H. Williams Memorial Professor of Law at Northwestern University, where he directs the Bartlit Center on Trial Strategy. He teaches courses on legal ethics, trial advocacy, and narrative structures. A prolific author, Lubet has written more than fifteen books and over a hundred articles on legal issues such as legal and judicial ethics, litigation, legal history, international criminal law, dispute resolution and legal education. His textbook, Modern Trial Advocacy, is used by over ninety U.S. law schools and has been translated or adapted for use in six other countries. In addition to his scholarly and legal writing, Lubet's humor and opinion pieces have appeared on the op-ed pages of newspapers such as the Chicago Tribune, New York Times, San Francisco Chronicle, Baltimore Sun, Philadelphia Inquirer, Newsday, Los Angeles Times, Washington Post, Dallas Morning News, Atlanta Journal Constitution, Detroit Free Press, and many others. He writes an award-winning column for the American Lawyer Magazine, and his satirical commentaries have been heard on National Public Radio's Morning Edition. Lubet received his B.A. in history from Northwestern University (Phi Beta Kappa) in 1970 and his J.D. from the University of California at Berkeley School of Law (Boalt Hall) in 1973. Prior to joining the faculty at Northwestern in 1975, Lubet was an instructor on legal research and writing at DePaul University School of Law and a staff attorney at the Legal Assistance Foundation of Chicago.

     

 
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