ADR: Principles and Practice - Tapa blanda

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.