Alternative Dispute Resolution PDF eBook

Author: Susan B. Meek, M.D., J.D. ISBN 10: 0-913875-30-9 ISBN 13: 978-0-913875-30-8 Copyright Date Ed:  September 15, 1996 Pages: 373 PDF eBook Alternative dispute resolution is a process which is being increasingly used by the court system. This comprehensive reference will assist you in understanding and participating in the process. It will help you analyze all of the processes involved, including mediation, negotiation and arbitration. It will also provide you checklists, questions and role-playing exercises to provide a more complete understanding of the processes. It also includes sample forms. Topics covered: The growing field of alternative dispute resolution Negotiation, Areas of negotiation, Introduction to mediation, Steps to successful mediation, Areas of mediation, Ethics of mediation, Mediation court cases, Arbitration, Arbitration court cases.  Table of Contents Chapter 1. The Growing Field of Alternative Dispute Resolution Reasons for Alternative Dispute Resolution Characteristics of Each Process Notes and Questions Goals and Objectives of Alternative Dispute Resolution Attorney Duty to Advise Client about Alternative Dispute Resolution Alternative Dispute Resolution versus Litigation The Alternative Dispute Resolution Act Qualified Immunity to Impartial Third Parties Qualifications Duties of the Impartial Third Party Compensation Appeal Choice of Processes Changes in the Legal Process Attorneys Can Create a Win-Win Situation Power and Control Are Transferred Questions Attorney Education Objective Standards Other Legislation Federal Rules of Evidence Questions Analyses Forms Questions Chapter 2. Negotiation Negotiation Overview Questions Issues to Consider Prior to Negotiation Role of Communication Verbal and Nonverbal Communication Send a Message Types of Authority Opening the Negotiation Party Perception: Positive or Negative Atmosphere Offers and Counteroffers Use Objective Data for Best Results Information Exchange Listening, Messages, Perceptions BATNA (Best Alternative to Negotiated Agreement) Lack of Reality, Conflict Strategy Brainstorming and Creating Options Effects and Power of Persuasion Presentation and Sequence of Position or Argument Basic Motivation Appeals Objective Data and Evidence Future Relationships Party Perception Never Assume Allow Opponents to Save Face Dealing With Pressure Integration and Planning of Overall Objectives to Achieve Resolution Role of Threats Making and Meeting Offers Implementation Questioning Skills Avoidance Techniques Listening Skills Compromise Alternative Solutions Negotiation Tactics The Negotiation Environment Critical Decisions Attorney Skills and Competency Attorneys Should Avoid Making Decisions for Clients Analyze Similar Cases Power Is Heightened by Creating Alternatives Factors Important to Consider Preparation for Negotiation Satisfaction Assessment of Position Checklist Factors Involved in Negotiation Assessment of Case Value Keys to a Successful Negotiation Ethics of Misrepresentation in Negotiation Negotiation Theories Actions to Recognize Three Ways Negotiators Deal with Stonewalling, Attacks and Tricks Styles of Negotiation Effective Legal Negotiator Traits Other Factors Theories of Negotiation Stages of Legal Negotiation Legal Negotiation Checklist Questions Agreement Validity Engaging in Risk Taking Client or Attorney, Who Should Negotiate? Integrative and Distributive Bargaining Conflicting Needs Choosing a Strategy and Negotiating Style Maximize Gains Closure Enforcement or Recission of Settlement Agreement Chapter 3. Areas of Negotiation Insurance Criminal Plea Bargaining Negotiation Business Organization Business Negotiation Checklist Preparation and Planning Partnership Corporation Commercial Transactions Checklist for Commercial Transactions Important U.C.C. Sections to Consider Civil Litigation Checklist Examine Family Law Family Transactions Checklist of Necessary Parties Medical Malpractice Employment Employment and Labor Checklist Wills and Trusts Wills and Trusts Checklist Questions Chapter 4. Introduction to Mediation Benefits of Mediation Mediation Based on Principles Mediation Emphasizes Basic Mediation Model Includes Preliminary Matters Determine Mediation Questionnaire Rules For Mediation Criticisms of Mediation Legislation Chapter 5. Steps to Successful Mediation Choosing a Mediator Attorney as Advocate Role of the Attorney Differing Roles the Attorney May Take in Mediation Other Representatives or Parties Use of Document, Witnesses and Experts Communication Skills Solutions for a Mutually Agreeable Settlement Case Considerations Theories Power Imbalances The Introductory Stage The Mediators Statement Specifically Questions Enhance Understanding Statement of the Problem (Second Opening Statement) Effective Use of the Opening The Questioning Process The Caucus Process Issue Identification Reframing and Restating Problem Identification Agenda Setting Problem Solving Lateral Thinking Alternatives Impasse The Agreement Closure and Follow-up Enforcement Community Based Mediation Questions Chapter 6. Areas of Mediation Family Law Employment and Labor Disputes Personal Injury Environmental Commercial Transactions Medical Malpractice Chapter 7. Ethics of Mediation Codes of Ethics and Standards of Conduct for Mediators Ethical Considerations with Conflict of Interest State and Federal Law Mediator Liability Chapter 8. Mediation Court Cases Chapter 9. Arbitration Introduction The Choice of Arbitration Courts Attitude Statutes The Use of Arbitration Clauses Need for Arbitration Loss of the Right to Arbitrate Recent Cases State versus Federal Law Valid or Binding Agreements Adhesion Contracts and Unconscionability General Responsibilities of the Arbitrator to Administrative Agencies Objections to Arbitration Questions Chapter 10. Arbitration Court Cases References About the Author Index