Law of Dispute Resolution : Arbitration and Alternate Dispute Resolution,9780379113433

Law of Dispute Resolution : Arbitration and Alternate Dispute Resolution

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Edition: 2nd
ISBN13: 9780379113433
ISBN10: 0379113430
Format: Hardcover
Pub. Date: 2000-08-09
Publisher(s): Oceana Pubns
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Summary

The Law of Dispute Resolution focuses on the process of litigation and explores the alternative approaches to dispute resolution and the circumstances under which they are applied. It also discusses the roles of individuals who are involved with these procedures and the guidelines which they are required to follow. The Legal Almanac series serves to educate the general public on a variety of legal issues pertinent to everyday life and to keep readers informed of their rights and remedies under the law. Each volume in the series presents an explanation of a specific legal issue in simple, clearly written text, making the Almanac a concise and perfect desktop reference tool. All volumes provide state-by-state coverage. Selected state statutes are included, as are important case law and legislation, charts and tables for comparison.

Table of Contents

About the Author vii
Introduction ix
Alternative Dispute Resolution
In General
1(1)
Alternative to Litigation
1(3)
Adversarial vs. Inquisitorial Systems
2(1)
The Evolution of the American Legal System
2(1)
The Litigation Process
3(1)
The American Arbitration Association
4(1)
Federal Dispute Resolution
5(1)
Trends in Alternative Dispute Resolution
5(4)
The Private Trial
6(1)
Summary Jury Trial
6(1)
Mini-Trial
7(2)
Arbitration
In General
9(1)
Submitting a Dispute to Arbitration
9(2)
Procedural Steps
11(1)
Subpoenas in the Arbitration Process
12(1)
Procedure
12(1)
Out-of-State Witnesses
13(1)
Court-Annexed Arbitration
13(1)
The Arbitrator
13(8)
Arbitrator Disclosure
14(1)
Code of Ethics for Arbitrators in Commercial Disputes
15(2)
Requirements for AAA National Roster of Arbitrators
17(1)
Qualifications
17(1)
Neutrality
17(1)
Judicial Capacity
17(1)
Reputation
17(1)
Commitment to ADR Process
18(1)
Letters of Recommendation
18(1)
Personal Letter
18(1)
AAA Training for Commercial Arbitrators
18(1)
Arbitrator Development Path for Commercial Arbitrators Joining on or after January 1, 2000
19(1)
Arbitrator Development Path for Current Commercial Arbitrators
19(2)
Mediation
In General
21(1)
Advantages of Mediation
21(1)
The Mediation Procedure
22(1)
Choosing a Mediator
23(1)
Model Standards of Conduct for Mediators
23(1)
The Mediator's Role: The 12 Stages of Mediation
24(3)
Negotiation and Settlement
In General
27(1)
Keys to Effective Negotiation
27(1)
The Procedure
27(1)
Settlement
28(1)
Types of Settlements
29(2)
Lump Sum Settlement
29(1)
Sliding-Scale Settlement
29(1)
Structured Settlement
29(2)
Commercial Dispute Resolution
In General
31(1)
The Advantages
31(2)
Knowledge of the Industry
31(1)
Time Factor
32(1)
Cost Factor
32(1)
Privacy
32(1)
International Arbitration
32(1)
The Corporate Policy Statement
33(1)
Securities Arbitration
33(1)
Construction Industry Arbitration
34(1)
The Dispute Review Board
34(1)
Partnering
34(1)
The New York Lemon Law Arbitration Program
35(4)
The New Car Lemon Law
35(1)
The Used Car Lemon Law
36(1)
The Proceeding
37(2)
Employment Dispute Resolution
In General
39(1)
The Use of ADR in the Workplace
39(1)
Employment Discrimination Issues
39(1)
AAA Employment Dispute Resolution Rules
40(1)
Alternative Dispute Resolution Options for Employers
41(1)
Open Door Policy
41(1)
Ombuds
41(1)
Peer Review
41(1)
Internal Mediation
41(1)
Factfinding
41(1)
External Mediation
41(1)
Arbitration
42(1)
Pre-Dispute/Final and Binding Arbitration
42(1)
Pre-Dispute/Nonbinding Arbitration
42(1)
Post-Dispute/Final and Binding Arbitration
42(1)
Post-Dispute/Nonbinding Arbitration
42(1)
Sexual Harassment Claims
42(7)
The Model Sexual Harassment Claim Resolution Process
43(1)
Complaint and Answer
43(1)
Confidentiality
43(1)
Documentation
43(1)
Accuser Participation Agreement
43(1)
Notification to the Accused
44(1)
Accused Participation Agreement
44(1)
Immediate Intervention
44(1)
Request for Fact Finders
44(1)
Fact Finding
44(1)
Appointment of the Factfinding Team
44(1)
Disclosure
44(1)
Investigation
45(1)
The Factfinding Report
45(1)
Report Distribution
45(1)
Mediation
46(1)
Appointment of a Mediator
46(1)
Disclosure
46(1)
Mediation Procedure
46(1)
Arbitration
47(1)
Selection of an Arbitrator
47(1)
Disclosure
47(1)
Arbitration Procedures
47(1)
Employee/Witness Wages
48(1)
Remedies
48(1)
The Arbitrator's Decision and Award
48(1)
Automobile Insurance Claim Dispute Resolution
Dispute Resolution of Automobile Insurance Claims
49(4)
Mediation
50(1)
Arbitration
50(3)
Health Care Dispute Resolution
In General
53(1)
Objectives
53(1)
Alternative Dispute Resolution Methods
54(1)
Labor Relations Dispute Resolution
Labor Arbitration
55(1)
Labor Mediation
56(1)
Divorce and Family Relations Dispute Resolution
In General
57(1)
Divorce and Custody Mediation
58(3)
APPENDICES
Appendix 1: National Directory of Dispute Resolution Services
61(8)
Appendix 2: Directory of International Arbitration Agencies
69(4)
Appendix 3: National Directory of American Arbitration Association (AAA) Offices
73(6)
Appendix 4: The Code of Ethics for Arbitrators in Commercial Disputes
79(10)
Appendix 5: Model Standards of Conduct for Mediators
89(6)
Appendix 6: Administrative Dispute Resolution Act of 1996 (5 U.S.C. 571 et Seq)---Selected Provisions
95(14)
Appendix 7: The Federal Arbitration Act (9 U.S.C. §1 et Seq)---Selected Provisions
109(10)
Appendix 8: State and Federal Statutes Relating to Arbitration Enforcement
119(4)
Appendix 9: The Uniform Arbitration Act
123(8)
Appendix 10: Sample Contract Arbitration Clause
131(2)
Appendix 11: Demand for Arbitration
133(2)
Appendix 12: Sample Agreement to Submit a Dispute to Arbitration
135(2)
Appendix 13: Submission to Dispute Resolution
137(2)
Appendix 14: Commercial Arbitration Rules of the American Arbitration Association
139(14)
Appendix 15: Sample Contract Mediation Clause
153(2)
Appendix 16: Request for Mediation
155(2)
Appendix 17: Sample Agreement to Submit a Dispute to Mediation
157(2)
Appendix 18: Settlement Agreement and Mutual General Release of Claims
159(2)
Appendix 19: Corporate Policy Statement on Alternative Dispute Resolution
161(2)
Appendix 20: AAA Arbitration Request Form under the New York State Motor Vehicle No-fault Insurance Law
163(2)
Glossary 165(8)
Bibliography 173

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