|
Alternative Dispute Resolution
Overview
As the number of cases filed each year has increased and court resources are stretched further and further, parties are turning to solutions outside the traditional judicial system as a faster, simpler solution to resolving a dispute. Alternative Dispute Resolution (ADR) is a series of processes that seek to solve disputes among individuals without resorting to complex, time consuming and expensive litigation. While various forms of non-judicial dispute resolution practices have existed for centuries, ADR has become drastically more popular in the United States and internationally over the last fifty years.
Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Federal Arbitration Act, 9 U.S.C. ยงยง 1-307
Uniform Arbitration Act
Uniform Mediation Act
The Administrative Dispute Resolution Act of 1996
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York
Convention of 1958)
Inter-American Convention on International Commercial Arbitration (Panama Convention of 1975)
North American Free Trade Agreement, Ch. 20, Institutional Arrangements and Dispute
Settlement Procedures
Regulations and Procedures
Code of Arbitration Procedure (2007)
Farm Service Agency: Certified Mediation Program
International Chamber of Commerce Dispute Resolution Rules
International Dispute Resolution Procedures
International Institute for Conflict Prevention and Resolution
Basic Documents of the Permanent Court of UNCITRAL Arbitration
American Arbitration Association International Dispute Resolution Procedures
Commercial Dispute Resolution Procedures
Case Law
Note: Recently summarized cases are listed and linked in Recent Postings.
Case Law Index for Alternative Dispute Resolution
Reference Resources
Department of Justice: Office of Dispute Resolution
USDA Certified Agricultural Mediation Programs
National Center for State Courts: Alternative Dispute Resolution State Resources
Federal ADR Program Manager's Resource Manual
Resource Manual Attachments
Federal Judicial Center
Alternatives to Litigation: Do They Have a Place in Federal District Courts
Federal Mediation and Conciliation Service
Farm Service Agency: Agricultural Mediation Program
Farm Service Agency: Agricultural Mediation Training Slides
Developing Guidance for Binding Arbitration: A Handbook for Federal Agencies
NRCS: Agricultural Program Mediation
Foreign Agricultural Services: Office of Civil Rights Conflict Resolution Program
Interagency Alternative Dispute Resolution Working Group
International Institute for Conflict Prevention and Resolution
Additional Resources
American Arbitration Association
The Conflict Resolution Information Source
Mediate.com - Resolution Solutions
Virtual Library - Arbitration Database
International Arbitration Case Law Index
National Arbitral Bodies
ADR and Settlement in Federal District Courts (1996)
A Guide to ADR Links
Cornell University: Scheinman Institute of Conflict Resolution
International Resources
International Commercial Arbitration Resources (U. of Chicago Law School)
International Chamber of Commerce: Commission on Arbitration
International Council on Commercial Arbitration
London Court of International Arbitration
Permanent Court of Arbitration
United Nations Commission on International Trade Law
National Association of Community Mediation
ADR of Canada
Farm Debt Mediation Act of Australia
World Intellectual Property Organization Arbitration and Mediation Center
ADR Training Guides
Basic Mediation Training Trainer's Manuel (Mediation@MIT)
Mediation Training Manual
Alternative Dispute Resolution Practitioner's Guide (1998)
Finding Neutrals Handbook
Federal ADR Program Manager's Resource Manual
ADR and Settlement in the Federal District Courts: A Sourcebook for Judges and Lawyers
Mediation and Conference Programs in the Federal Courts of Appeals: A Sourcebook for
Judges and Lawyers
The Guide to Dispute Resolution Processes
Drafting Dispute Resolution Clauses: A Practical Guide
Publications
A Comparative Analysis of Multilateral Environmental Negotiations
Finding Common Ground: Mediating Agricultural and Other Rural Disputes
Guide to World Intellectual Property Organization Mediation
A Critique of Mediation, Challenging Misconceptions, Assessing Risks, and Weighing the Advantages
Resolution on Good Faith Requirements for Mediators and Mediation Advocates in
Court-Mandated Mediation Programs
MEDIATION: Getting Your Client and the Other Side to the Table (Barry)
Environmental Mediation: Beyond the Limits Applying Dispute Resolution Principles to Intractable
Environmental Conflicts (Burgess and Burgess)
How Will Lawyering and Mediation Practices Transform Each Other? (Lande)
Environmental Mediation and Public Managers: What Do We Know and How Do We Know It? (O'Leary)
The Benefts of Active Party Participation in Mediation (Krikorian and Tidus)
Responding To The Tactic of No Settlement Authority at Mediation (Krivis)
Sample Mediation Ground Rules (Melamed)
Mediating Land Use Cases (Forester)
The U.S. Uniform Mediation Act and the Draft UNCITRAL Model Law on International Commercial
Conciliation (Oretskin and Diaz)
Selecting A Mediator: A Guide for the Public
Defining The Ethical Limits Of Acceptable Deception In Mediation (Cooley)
Mediation Standards Checklist (2000)
Procedures for Cases Under the UNCITRAL Arbitration Rules
Enforcing Arbitration Awards
Arbitration (Leb)
Drafting an Arbitration Clause
The Representative at Mediation and Negotiation (Wade)
Environmental Decision Making and Multilateral Environmental Agreements (Benedick)
Recommended Readings and Publications (not freely available electronically):
AAA Handbook on Mediation, Thomas E. Carbonneau and Jeannette A. Jaeggi (JurisNet 2006).
AAA Handbook on International Arbitration & ADR, Thomas E. Carbonneau and Jeannette A. Jaeggi
(JurisNet 2006).
Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation, Jay Folberg and Alison Taylor
(Jossey-Bass Publishers, 1984).
ADR & the Law (JurisNet, 22nd ed. 2006).
Alternative Dispute Resolution Practice Guide, Bette J. Roth, et al., eds (Lawyers Cooperative
Publishing Co.).
Basic Skills for the New Arbitrator, Allan H. Goodman (Solomon Publications, 1993).
Conflict Resolution: Theory, Research, Practice, James Schellenberg (State U. of NY Press, 1996).
Court-Annexed Mediation: Critical Perspectives on Selected State and Federal Programs, Edward J.
Bergman and John C. Bickerman (Pike & Fischer, Inc., 1998).
Dispute Resolution, Stephen Goldberg, et al. (Little, Brown and Company, 1992).
Environmental Mediation (The Foothills Case) in Resolving Environmental Regulatory Disputes, Heidi
Burgess (Schenkman Books, 1983).
Federal Arbitration Law: Agreements, Awards, and Remedies Under the Federal Arbitration Act, Ian R.
Macneil, et al. (Little, Brown and Company).
International Arbitration in the 21st Century: Towards Judicialization and Uniformity? The Twelfth Sokol
Colloquium, Richard B. Lillich and Charles Brower, eds. (Transnational Publishers).
International Commercial Arbitration, Gary B. Born (Kluwer Law & Taxation Publishers)
Mediation of Environmental Disputes: A Source Book, Scott Mernitz (Praeger Publishers, 1980).
Resolving Environmental Regulatory Disputes, Lawrence Susskind, et al. (Schenkman Books, 1983).
The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or
Organization, Barbara Ashley Phillips (Jossey-Bass, 2001).
The Mediation Process: Practical Strategies for Resolving Conflict, Christopher W. Moore (2nd ed.,
Jossey-Bass 1996).
The Mediator's Handbook, Jennifer E. Beer & Eileen Stief (New Society Publishers, 1998).
The Negotiation Process: Theories and Applications, I. William Zartman (Sage Publications, 1978).
Mediator Communication Competencies: Problem Solving and Transformative Practices, William D.
Kimsey, et al. (Pearson Custom Publishing, 2005).
The Politics of Environmental Mediation, Douglas J. Amy (Columbia University Press, 1987).
UNCITRAL Model Law of International Commercial Arbitration: A Documentary History, Igor I. Kavass and
Arno Liivak (The Institute for International Legal Information, William S. Hein).
Warning:
You are using an older web browser that is not compatible with basic Web standards.
We recommend that you upgrade to one of the following browsers:
Windows or Mac Users:
Netscape 6+, Opera 6+, MSIE 6+
Linux OS:
Netscape 6+, Konqueror
In an effort to create a more organized World Wide Web, the W3C has created many new Web layout standards. The key focus of their effort is to provide the best possible interoperability between the different browsing programs available.
In the days of the browser wars between Netscape and Microsoft, many hacks were propagated by the competing companies. However, today these hacks have done more to hurt the Web than to help the battling companies. By downloading and installing one of the programs listed above, the Web will be one step closer to eliminating these hacks and bugs.
Click here to go view current Web browser usage statistics.
|
|
|
