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A Guide for Policy and Practice This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack! --Jerry J. Jasinowski, president, National Association of Manufacturers For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publishes in-depth articles on labor subjects, current labor statistics, information about current labor contracts, and book reviews.
"There is a growing diversity in the structure of court programs, in the types of disputes dealt with and in nature of processes that are used to resolve them... The paper points to the need for courts (and, indeed, other agencies) to develop a framework for referring matters to ADR which takes into consideration the factors and issues identified in this paper. Continuing education of judicial and court officers, and further research into the effectiveness of court ADR programs are additional priorities. The paper is a significant contribution to our thinking about when, how and in what circumstances courts decide that a matter is better dealt with by means other than judicial determination.
This book compares the unique features of workplace mediation to other contexts of mediation, as well as the specific competences each situation requires of the mediator. It covers many important issues related to workplace mediation and discusses interventions by managers, such as conflict coaching and informal mediation. It proposes a new model to assess the effectiveness of mediation, and discusses the impact of legal systems, HRM policies, as well as power structures, and cultural differences. The book takes into account perspectives from multiple disciplines, such as management, business, psychology, law and sociology. It also discusses mediation aspects from a variety of cultural and regional contexts. The book advances knowledge about the application, process and effects of workplace mediation and includes practical tips for scholars, practitioners, mediators and managers to enhance their mediation practice or to foster constructive conflict management in organizations.