Alternative dispute resolution in a nutshell

Preface Acknowledgements Table of cases Chapter 1: Introduction 1: Overview 2: Why study ADR? 3: Background of the alternative dispute resolution movement Chapter 2: Negotiation 1: Introduction 2: Definitions and concepts A: Dispute and deal-making negotiation B: Distributive and integrative bargaining 3: Approaches to negotiation A: In general 1: Adversarial approach 2: Problem-solving approach B: Negotiation approaches in practice 4: Stages of the negotiation process A: Planning and analysis B: Exchanging information C: Concessions and compromise D: Reaching agreement E: Barriers to settlement F: Role of emotions in negotiation G: Role of culture in negotiations 5: Ethical issues in negotiation A: Relationship with clients B: Truthfulness C: Misrepresentation D: Threats 6: Legal aspects of negotiation A: Settlement agreement 1: Policy favoring settlement i: Agreement ii: Consideration iii: Legality 2: Validity of settlement agreements i: In general ii: Guaranteed verdict agreements 3: Court approval of settlement agreements B: Protecting confidentiality in negotiation C: Incentives for settlement 1: Judicial settlement conferences 2: Rule 68 FRCP Chapter 3: Mediation 1: Overview A: Definition B: Advantages and disadvantages of mediation 1: Advantages 2: Disadvantages 2: Mediation process A: Specific activities 1: Mediator's introduction 2: Mediator assists parties with information exchange and bargaining B: Drafting the mediation agreement C: Role of the mediator D: Mediator skills 1: Listening 2: Questioning 3: Observation 4: Reframing 5: Cultural awareness E: Mediator requirements 3: Ethical concerns A: In general B: Good faith requirements C: Maintaining the integrity of mediation D: Mandatory mediation programs E: Ethical concerns for the lawyer-mediator 1: Conflict of interest 2: Advertising 4: Mediation and the law A: Role of law B: Informed consent in mediation C: Lawyers and mediation 1: Pre-mediation client counseling 2: Representing clients in mediation 3: Lawyer as mediator D: Legal issues 1: Confidentiality i: Evidentiary exclusionary rules ii: Privilege iii: Contract iv: Protective orders v: Court mediation program rules 2: Enforceability i: Agreements to mediate future disputes ii: Agreements reached in mediation 3: Liability of mediators i: Tort liability based in negligence ii: Liability issues in the caucus iii: Contract liability iv: Immunity 4: Unauthorized practice of law restrictions 5: Mediation approaches in a litigated case: one example A: Some indications for mediation B: Possible mediation approaches

Chapter 4: Arbitration

1: Introduction

2: Historical perspective

3: Traditional model of arbitration

4: Compulsory arbitration

1: Public sector arbitration

2: Court-annexed arbitration

3: Medical malpractice arbitration

4: Employment arbitration

5: Arbitration definitions

1: Interest and rights arbitration

2: Administered and non-administered arbitration

3: Final offer arbitration

4: Tripartite arbitration

6: Legal issues

1: Arbitrability

i: Substantive arbitrability

ii: Procedural arbitrability

2: Separability

3: Federalism concerns

4: Adhesion and unconscionability

7: Arbitration proceeding

1: Provisional relief

2: Initiating arbitration

3: Selection of arbitrators

i: Qualifications of the arbitrator

ii: Arbitral immunity

iii: Testimonial immunity

4: Arbitration hearing

5: Law applied by the arbitrator

6: Arbitration ethics

8: Arbitration award

1: Judicial review of the arbitration award under the FAA

2: Venue

3: Punitive damages

4: Res Judicata, collateral estoppel and arbitration

9: International arbitration

Chapter 5: Dispute Resolution In The Court System

1: Court-annexed arbitration

2: Court-annexed mediation

3: Summary jury trial

1: Overview

2: Governing principles

3: Summary jury trial process

4: Major advantages of the summary jury trial

5: Criticisms of the summary jury trial

6: Case law development

i: Power to compel parties to participate

ii: Right of access

iii: Authority of the court to empanel the advisory jury

4: Early neutral evaluation

1: Overview

2: How ENE operates

3: On the merits

5: Magistrates, special masters, and neutral experts

1: Magistrates

2: Special masters

3: Neutral experts

6: Restorative justice: ADR in the criminal law contexts

Chapter 6: Hybrid Dispute Resolution Procedures

1: Mini-trial

1: Definition

2: Structure of a mini-trial

3: Settlement discussions

4: Appropriate use of the mini-trial

2: Reference procedures

3: MED-ARB

4: Negotiated rulemaking

5: Ombudsperson

6: Conciliation

7: Online dispute resolution

8: Consensus building

9: Dispute review boards

Appendices

A: Federal rules of evidence-rule 408

B: Federal rules of civil procedure-rule 16

C: Federal rules of civil procedure-rule 68

D: Model standards of practice for family and divorce mediation (August 2000)

E: Model standards of conduct for mediators

F: American arbitration association commercial arbitration rules and commercial mediation procedures

G: Mandated participation and settlement coercion: dispute resolution as it relates to the courts

H: Ethical standards of professional responsibility for the society of professionals in dispute resolution

I: Uniform arbitration act

J: Federal arbitration act

K: Revised Uniform arbitration act (2000)

L: Demand for arbitration

M: Task force on alternative dispute resolution in employment, due process protocol

N: Code of ethics for arbitrators in commercial disputes

O: Model rules of professional conduct, client-lawyer relationship, rule 1-12

P: Model rules of professional conduct, advocate, rule 3-3

Q: Model rules of professional conduct, law firms and associations, rule 5-5

R: Uniform mediation act

Index.

Introduction

Negotiation

Mediation

Arbitration

Dispute resolution in the court system

Hybrid dispute resolution procedures

Appendices.