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Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.
Understanding Alternative Dispute Resolution provides a comprehensive overview of the field of Alternative Dispute Resolution (¿ADR¿). The use of ADR methods has grown rapidly and touches the practices of lawyers on a local, national, and international level. ADR has transformed the nature of the lawyers¿ practice and roles as client counselor, advocate, and neutral. The treatise covers the major ADR processes, including client counseling, negotiation, mediation, arbitration, and collaborative law and addresses legal, practical, and ethical aspects of each process. This title provides a framework for selecting the most appropriate dispute resolution process and will assist attorneys, law students, neutrals, and parties in conflict in effectively addressing, managing, and resolving disputes.
Our world is a crowded and hyper-connected place and it is becoming more crowded and hyper-connected every day. The challenges of our world call us to evolve as a species at a pace that has never been necessary before - not in our physical attributes, not in our emotional capacities, not in our mental capabilities, and arguably not even in our use of technology to master the environment and harness its resources. We are called to evolve in the ways that we interact with each other as fellow inhabitants of Earth. Being Relational details seven ways of being in relation to others that capture the heart and soul of all that is self-help. It is grounded in method, and is supported by relational conflict theory and brain science findings. The seven ways of being that promote quality face to face interactions and positive transformation are rooted in teachings from many sources – conflict resolution, negotiation ethics, neuroscience, multiple faith traditions and numerous popular self-help and business books. It is a unique collection of teachings that focus on what happens in human interaction. This unique approach is inspired by thousands of broken relationships that the Senfts have mediated and coached back to strength and connectedness over the last two decades..
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
When employers and employees wage war in the workplace, nobody wins. Workplace conflict that escalates into a lengthy ordeal costs more than money: both employers and employees suffer damages to their health, home life, personal, and professional relationships, and to the productivity of the business. There is a better way. Professional mediator Amy Lieberman is on a mission to get all businesses to wholeheartedly embrace mediation. In this book you will learn the secrets to resolving conflict and restoring peace. Discover an accelerated way for employers and employees to get conflicts out in the open, to find resolutions both sides can live with, and to get back to the productive business of work and life.
The 2nd edition of Encyclopedia of Violence, Peace and Conflict provides timely and useful information about antagonism and reconciliation in all contexts of public and personal life. Building on the highly-regarded 1st edition (1999), and publishing at a time of seemingly inexorably increasing conflict and violent behaviour the world over, the Encyclopedia is an essential reference for students and scholars working in the field of peace and conflict resolution studies, and for those seeking to explore alternatives to violence and share visions and strategies for social justice and social change. Covering topics as diverse as Arms Control, Peace Movements, Child Abuse, Folklore, Terrorism and Political Assassinations, the Encyclopedia comprehensively addresses an extensive information area in 225 multi-disciplinary, cross-referenced and authoritatively authored articles. In his Preface to the 1st edition, Editor-in-Chief Lester Kurtz wrote: "The problem of violence poses such a monumental challenge at the end of the 20th century that it is surprising we have addressed it so inadequately. We have not made much progress in learning how to cooperate with one another more effectively or how to conduct our conflicts more peacefully. Instead, we have increased the lethality of our combat through revolutions in weapons technology and military training. The Encyclopedia of Violence, Peace, and Conflict is designed to help us to take stock of our knowledge concerning these crucial phenomena." Ten years on, the need for an authoritative and cross-disciplinary approach to the great issues of violence and peace seems greater than ever. More than 200 authoritative multidisciplinary articles in a 3-volume set Many brand-new articles alongside revised and updated content from the First Edition Article outline and glossary of key terms at the beginning of each article Entries arranged alphabetically for easy access Articles written by more than 200 eminent contributors from around the world