This overview of Alternative Dispute Resolution (ADR) reviews the traditional processes of negotiation and adjudication (including litigation and arbitration). The whole spectrum of consensual Alternative Dispute Resolution processes and techniques is explained. The book shows ADR as complementing traditional procedures and as providing stand-alone processes as alternatives to adjudication. Mediation is the process given most attention and the authors, both experienced solicitors, outline its principles and the different models of mediation practice. The function, role and skills of a mediator are examined, as well as those of lawyers representing disputants in ADR proceedings. The mini-trial, med-arb and other ADR forms are explained and guidance is given as to the choice and timing of process use. Attention is given to questions of jurisdiction, forum and enforcement as well as accreditation, training, funding and the reservations expressed about ADR. In recent years there has been increasing dissatisfaction with the litigation and arbitration processes and, consequently, ADR is soon to form part of the training for all solicitors. This book should be relevant to every law firm engaged in contentious matters and to barristers, mediators, arbitrators, corporate counsel, in-house lawyers and all those concerned with settling disputes by agreement without the need for third party adjudication.
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Arthur L. Marriott, Q.C., is Solictor of the Supreme Court of England and Wales, Solicitor of the Supreme Court of Hong Kong, and Partner, Debevoise & Plimpton.
The book presents an exciting package of key knowledge, skills information and models for practice... This is a book for every mediation and/or ADR organisation's library.It manages to present the subject in digestible bite-size pieces that are clearly written whilst still conveying quite difficult points... For those who practice in this area - essential. CEDR.
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