Alternative Dispute Resolution: The Litigator's Handbook

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American Bar Association, 2000 - Business & Economics - 753 pages
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This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.
 

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Contents

An Overview of Alternative Dispute Resolution
1
Whether and When to Use Alternative Dispute Resolution
17
How to Get to Alternative Dispute Resolution
35
Choosing Who and What
59
Preparation for and Presentation during Alternative Dispute Resolution
69
Ethics for the Mediator
81
Enforcing the Results
97
Consumer and Customer Disputes
129
Parties Generally Must Pay
413
Increasing Formalism and Institutionalization of ADR
414
ADR Quality and Court Resources
415
A Note on Tables 17
416
ADR in the Federal District Courts
417
Other Case Resolution Practices and Procedures
422
Arbitration Program Specifics
430
Mediation Program Specifics
438

Commercial Disputes
147
Tort Disputes
175
Employment and Labor Disputes
193
Construction Disputes
201
Environmental Disputes
217
Intellectual Property Disputes
231
Family Law Disputes
257
International Disputes
307
Bankruptcy Disputes
327
ADR and Settlement in the Federal District Courts A Sourcebook for Judges and Lawyers
399
Introduction and Analysis
403
Introduction
405
Patterns in Federal District Court ADR
406
How Many Cases in ADR?
408
The Shift from Referral by Case Type to the Judge as ADR Catalyst and Educator
409
ADR Obligations of Attorneys and Litigants
410
Timing of the ADR Session and Integration into Case Management
411
Early Neutral Evaluation Program Specifics
454
Settlement Week Program Specifics
458
Case Valuation Program Specifics
459
DistrictbyDistrict Descriptions
461
What Is in Part II?
463
Definitions and Key Features of ADR and Settlement Processes in the Federal District Courts
464
Arbitration
465
Case Valuation Michigan Mediation
467
Early Neutral Evaluation
468
JudgeHosted Settlement Conferences
469
MultiDoor Courthouse or MultiOption ADR
471
Settlement Week
472
List of DistrictbyDistrict Summaries
474
Index
745
About the Editors
753
Copyright

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