Essentials of Alternative Dispute Resolution
2nd Edition
Published on 1. December 2008
Book
Paperback/Softback
286 pages
978-0-929563-63-3 (ISBN)
Description
For courses in Alternative Dispute Resolution.
This text provides students with a broad understanding of ADR, along with important background information, historical perspectives and "tricks of the trade" in this fast-growing field. It covers each ADR method, how it works, when and where it can be used, its advantages and disadvantages, and its relationship to litigation.
This text provides students with a broad understanding of ADR, along with important background information, historical perspectives and "tricks of the trade" in this fast-growing field. It covers each ADR method, how it works, when and where it can be used, its advantages and disadvantages, and its relationship to litigation.
More details
Persons
Susan R. Patterson practices law with Elliston & Associates, a small AV-rated law firm in Dallas, Texas, concentrating on estate planning, probate, corporate law and family law, as well as state and federal criminal matters. She is a legal writer and has edited numerous legal books. Prior to becoming a lawyer, Patterson spent many years in the financial services industry as a marketing manager and executive.
Patterson earned a JD degree from Southern Methodist University, Dallas, and a BA from Bethel College, St. Paul, MN.
D. Grant Seabolt, Jr. is a recognized authority in alternative dispute resolution and has served as mediator or arbitrator in over 400 cases. He co-founded Settlement Week and the Dallas Bar Association mediator training programs in Dallas County, Texas. He is also the cofounder of a number of state and federal court-annexed mediation programs. Seabolt is the chair of the ADR section of the Dallas Bar Association. He has developed numerous CLE programs for the Dallas Bar Association, State Bar of Texas, and the Judicial Conference of the U. S., including Winning without Defeating; Effectively Representing Clients in Mediation; Creative Uses of Arbitration in Settlement; and Basic and Advanced Mediation Skills.
Seabolt earned his LLM degree in international and comparative law with highest honors from George Washington University and a JD from the University of Alabama. He is a partner in Simpson, Wooley, and McConachie, LLP, Dallas, specializing in ADR, litigation, and general business law.
Patterson earned a JD degree from Southern Methodist University, Dallas, and a BA from Bethel College, St. Paul, MN.
D. Grant Seabolt, Jr. is a recognized authority in alternative dispute resolution and has served as mediator or arbitrator in over 400 cases. He co-founded Settlement Week and the Dallas Bar Association mediator training programs in Dallas County, Texas. He is also the cofounder of a number of state and federal court-annexed mediation programs. Seabolt is the chair of the ADR section of the Dallas Bar Association. He has developed numerous CLE programs for the Dallas Bar Association, State Bar of Texas, and the Judicial Conference of the U. S., including Winning without Defeating; Effectively Representing Clients in Mediation; Creative Uses of Arbitration in Settlement; and Basic and Advanced Mediation Skills.
Seabolt earned his LLM degree in international and comparative law with highest honors from George Washington University and a JD from the University of Alabama. He is a partner in Simpson, Wooley, and McConachie, LLP, Dallas, specializing in ADR, litigation, and general business law.
Content
1. Introduction to Alternative Dispute Resolution.
2. Negotiation.
3. Mediation.
4. Mediation Law and Policy.
5. Arbitration.
6. Strategies for Settlement.
7. Application of ADR to Specific Disputes.
8. The Role of the Paralegal in ADR.
Appendix 1: Dispute Resolution Act.
Appendix 2: Administrative Dispute Resolution Act.
Appendix 3: Uniform Arbitration Act.
Appendix 4: State Arbitration Statutes.
Appendix 5: Mediation Order.
Appendix 6: Premediation Submissions Checklist.
Appendix 7: American Arbitration Association Commercial Mediation Rules as amended and in effect January 1, 1992.
Appendix 8: American Arbitration Association's Commercial Arbitration Rules as amended July 1, 1996.
Appendix 9: Sample ADR Contractual Clauses.
Appendix 10: Ethical Standards of Professional Responsibility (SPIDR).
Appendix 11: Model Standards of Conduct of Mediation (AAA, ABA, APIDR).
Appendix 12: The Code of Ethics for Arbitrators in Commercial Disputes (AAA).
Appendix 13: ADR Organizations.
Appendix 14: Competencies of a Civil Litigation Paralegal.
Index.
2. Negotiation.
3. Mediation.
4. Mediation Law and Policy.
5. Arbitration.
6. Strategies for Settlement.
7. Application of ADR to Specific Disputes.
8. The Role of the Paralegal in ADR.
Appendix 1: Dispute Resolution Act.
Appendix 2: Administrative Dispute Resolution Act.
Appendix 3: Uniform Arbitration Act.
Appendix 4: State Arbitration Statutes.
Appendix 5: Mediation Order.
Appendix 6: Premediation Submissions Checklist.
Appendix 7: American Arbitration Association Commercial Mediation Rules as amended and in effect January 1, 1992.
Appendix 8: American Arbitration Association's Commercial Arbitration Rules as amended July 1, 1996.
Appendix 9: Sample ADR Contractual Clauses.
Appendix 10: Ethical Standards of Professional Responsibility (SPIDR).
Appendix 11: Model Standards of Conduct of Mediation (AAA, ABA, APIDR).
Appendix 12: The Code of Ethics for Arbitrators in Commercial Disputes (AAA).
Appendix 13: ADR Organizations.
Appendix 14: Competencies of a Civil Litigation Paralegal.
Index.