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This publication offers guidance to federal trial and bankruptcy courts on when and how to refer appropriate cases to ADR and how to manage cases referred to ADR. FJC research found that although much has been written about basic ADR concepts, little comprehensive, easily accessible advice on ADR referrals had been written from the court's perspective. The purpose of the book is not to advocate ADR use but rather to present various approaches that judges and parties may choose to follow when considering and using ADR. The book identifies areas where there may be disagreement, describing advantages and disadvantages of various approaches. The book also alerts readers to emerging trends or what are perceived by many as preferred approaches. The publication's ten chapters have titles including "Considering the Use of ADR: How and When"; "Selecting Cases Appropriate for ADR"; and "Matching the ADR Process to the Case." Other topics covered are neutral selection and compensation; party consent; client attendance; party participation; confidentiality; referral orders and case management issues.
ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.
Blending both the theoretical and applied aspects of contemporary issues in court management, this reference/text offers in-depth coverage of all major topics and developments in judicial systems administration. It is suitable for use in the classroom or for self-study.;Providing the background material to clarify even the most technical management application, this book: presents the history and theory of the court management movement; examines the separation of powers doctrine, and its relationship to judicial independence; discusses the latest developments in court reform, the American Bar Association standards, alternative dispute resolution techniques and caseflow considerations; analyzes unified court budgeting and revenue generation by judicial systems; describes personnel administration, training and jury management; and elucidates court performance evaluation, planning approaches, the use of cameras in the courtroom and audio-visual applications.
Of Contents Volume 1 -- Chapter 1. Introduction -- Chapter 2. Alternative Dispute Resolution Methods -- Chapter 3. Negotiation -- Chapter 4. Mediation -- Chapter 5. Mediation Advocacy -- Chapter 6. Arbitration: Statutory Bases -- Chapter 7. Arbitration: Arbitrability -- Chapter 8. Arbitration: The Arbitration Agreement -- Chapter 9. Commencing The Arbitration And Arbitrators -- Chapter 10. Arbitration: Preparation for Arbitration and the Arbitration Hearing -- Chapter 11. Arbitration: Advocacy -- Chapter 12. Arbitration: Arbitration Awards, Remedies, and Conclusiveness -- Chapter 13. Summary Jury Trials -- Chapter 14. Minitrials -- Chapter 15. Ombudsmen -- Chapter 16. Securities Disputes -- Chapter 17. Construction Disputes -- Chapter 18. International Commercial Disputes -- Chapter 19. Insurance Disputes -- Chapter 20. Intellectual Property Disputes -- Chapter 21. Labor and Employment Disputes -- Chapter 22. Health Care Disputes -- Chapter 23. Family Disputes -- Chapter 24. Court--Annexed Alternative Dispute Resolution Procedures -- Chapter 25. Compelling Arbitration and Stay of Proceedings -- Chapter 26. Vacating Arbitration Awards -- Chapter 27. Correcting, Modifying, and Confirming -- Arbitration Awards -- Appendices: Appendix A. Federal Arbitration Act -- Appendix B. Uniform Arbitration Act -- Appendix C. Revised Uniform Arbitration Act -- Appendix D. Uniform Mediation Act -- Volume 2 -- Appendix E. Convention On The Recognition And EnforcementOf Foreign Arbitration Awards -- Appendix F. Inter-American Convention on InternationalCommercial Arbitration -- Appendix G. Commercial Arbitration Rules and MediationProcedures (Including Procedures for Large,Complex Commercial Disputes) -- Appendix H. Model Standards of Conduct for Mediators -- Appendix I. Code of Ethics for Arbitrators in Commercial Disputes (2004) -- Appendix J. Code of Professional Responsibility for Arbitratorsof Labor-Management Disputes -- Appendix K. Consumer Due Process Protocol -- Appendix L. American Arbitration Association ecommerce Dispute Management Protocol -- Appendix M. A Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising out ofthe Employment Relationship -- Appendix N. Health Care Due Process Protocol -- Appendix O. FINRA Dispute Resolution: Party's Reference Guide -- Appendix P. Guide To Judicial Management Of Cases In ADR -- Appendix Q. ADR in the Federal District Courts -- Appendix R. Forms
Provides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.