ADR and the Law - 22nd Edition
Author(s):
ISBN:
978-1-933833-10-1
Page Count:
400 pages
Published:
April, 2008
Practice Areas:
ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library.
Each Volume Contains:
Significant Decisions by Federal and State Courts Articles on Such Topics as:
Employment
Labor
Mediation
Judicial Review
Domestic Alternative Dispute Resolution Legislation
Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution
International Alternative Dispute Resolution Developments
International Arbitration in Specific Countries
PDF of Title Page and T.O.C.
Table of Contents
Part I. ALTERNATIVE DISPUTE RESOLUTION IN THE UNITED STATES
Chapter 1. Significant Decisions by Federal and State Courts in 2005
Case Digests
Federal Appeals Court Decisions
Commercial-Third Circuit, Tenth Circuit
Consumer-Fourth Circuit
Employment-District of Columbia Circuit, First Circuit,
Third Circuit, Eleventh Circuit
Employment/Securities-Ninth Circuit.
Energy-Tenth Circuit
Franchising-Ninth Circuit
Insurance-Seventh Circuit
Intellectual Property-District of Columbia Circuit, Second Circuit, Tenth Circuit
Labor- District of Columbia Circuit, Federal Circuit, First Circuit, Second Circuit, Third Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit
Labor/Construction-Fifth Circuit
Mediation-Third Circuit
Securities-Second Circuit
Taxation-Second Circuit
Telecommunications-First Circuit
Federal District Court Decisions
Commercial-Southern District of New York
Consumer-Middle District of Alabama
Mediation-District of Columbia, District of Maine.
Mediation/Bankruptcy-Eastern District of Michigan, Northern District of Ohio
State Court Decisions
Commercial-California
Construction-Colorado, Maryland, Massachusetts, Rhode Island
Consumer-Florida, Georgia, Oklahoma
Employment-Connecticut, Mississippi, West Virginia
Employment/Securities-New York
Labor-Alaska, Massachusetts, New York, Pennsylvania, Rhode Island
Mediation-New Jersey
Chapter 2. Labor
Commentary
Implementing Interest-Based Negotiation:
Conditions for Success with Evidence from Kaiser Permanente.
Leib Levanthal
Chapter 3. Religion
Commentary
Operation Restoration: The Delicate Dance of Christian Conciliation.
Suzanne E. White
Chapter 4. Social and Historical Currents in ADR
Commentary
ADR and the Culture of Litigation in the United States of America Oscar G. Chase.
Alternative Dispute Resolution: A Strategy for Combining Profit and Principle in Resolving Business Conflicts.
Steven L. Schwartz.
Chapter 5. Domestic Alternative Dispute Resolution Legislation
State Developments 2005.
Alabama
Code of Ethics for Arbitrators in Commercial Disputes
Arkansas
Automobile Dealer's Anti-Coercion Act
California
Arbitration: Legal Representation
Iowa
Uniform Mediation Act
Kentucky
Joint Local Rules of Civil Practice, Alternative Dispute Resolution.
Louisiana
Local Rules of Court Applicable to Bankruptcy
Proceedings in the U.S. District Court for theWestern District of Louisiana, Voluntary Mediation
Maryland
Election to Waive Arbitration of Health Care Malpractice Claims
Mediation of Child Custody and Visitation Disputes
Lawyer Serving as Third-Party Neutral
Qualifications and Selection of Persons Other than Mediators and Neutral Experts.
Minnesota
Lawyer Serving as Third-Party Neutral
Nevada
Rules Governing Alternative Dispute Resolution
New York
Election Law
Arbitration, Provisional Remedies
North Carolina
Clerks May Order Mediation Family Law Arbitration Act.
Ohio
Uniform Mediation Act
Oklahoma
Revised Uniform Arbitration Act
Oregon
Courts -- Circuit Courts -- Arbitration and Award.
Domestic Relations -- Juvenile Dependency
Proceedings -- Mediation
South Carolina
Civil Remedies and Procedures: Medical Malpractice Actions
Utah
Uniform Arbitration Act
Husband and Wife -- Divorce Mediation Program
Washington
Mandatory Arbitration
Uniform Mediation Act
Part II. INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
Chapter 6. Significant Decisions in 2005 by U.S. Courts Concerning International Alternative Dispute Resolution
Case Digests
Federal Appeals Court Decisions
Commercial-Second Circuit, Sixth Circuit.
Public Sector-District of Columbia Circuit
Employment-Fifth Circuit
Federal District Court and Bankruptcy Court Decisions Corporate- Southern District of Florida, Southern District of New York
Chapter 7. International Arbitration in Specific Countries Commentary Arbitration in Portugal: Overview and Practical Considerations
Manuel P. Barrocas and Claudia Cruz
An Act of Mediation of Civil Matters in Finnish Courts Robert Mattson
The Belgian Law on Mediation An Early Overview Luc Demeyere
Social Arbitration in Collective Labor Disputes in Poland Artur Rycak
Chapter 8. International Dispute Resolution: Mass Claims Commentary
The Work of the Property Claims Commission of the German Foundation "Remembrance, Responsibility and the Future"
Pierre A. Karrer
Chapter 9. New International Alternative Dispute Resolution Legislation and Rules Poland's Code of Civil Procedure (Mediation Provisions)
APPENDICES
American Arbitration Association: A Brief Overview Information on the Joint Venture with the Fordham International Law Journal and the Fordham Urban Law Journal
Information on the Fordham International Law Journal and the Fordham Urban Law Journal
INDEX
ADDITIONAL MATERIALS CD-ROM
I. American Arbitration Association Regional Offices
II. American Arbitration Association Rules and Procedures Arbitration Rules for the Real Estate Industry (including a Mediation Alternative). Amended and effective September 1, 2007
Arbitration Rules for Wills and Trusts. Effective September 15, 2005
Commercial Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 1, 2007
Construction Industry Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 1, 2007
Dispute Resolution Rules for Professional Accounting and Related Services Disputes. Amended and effective September 15, 2005
Home Construction Arbitration Rules and Mediation Procedures. Effective June 1, 2007
International Commercial Arbitration Supplementary Procedures. Amended and effective April 1, 1999
International Dispute Resolution Procedures (including Mediation and Arbitration Rules). Amended and effective September 15, 2005
Labor Arbitration Rules (including Expedited Labor Arbitration Rules). Amended and effective July 1, 2005
National Rules for the Resolution of Employment Disputes.
Amended and effective September 15, 2005
Supplementary Rules for Class Arbitrations.Effective Date October 8, 2003
Supplementary Procedures for Consumer-Related Disputes.Effective September 15, 2005
Supplementary Rules for Domain Name Disputes.
Supplementary Rules for the Resolution of Patent Disputes. Amended and effective January 1, 2006
Supplementary Procedures for AAA Online Arbitration. Effective July 1, 2001
Supplementary Rules for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes. Amended and effective September 15, 2005
Wireless Industry Arbitration Rules (Sponsored by the Cellular Tele-communications Industry Association). Effective July 1, 2003
III. Codes, Protocols, Statements of Ethics
American Arbitration Association Code of Ethics for Employees Statement of Ethical Principles for the American Arbitration Association, an ADR Provider Organization.
Code of Ethics for Arbitrators in Commercial Disputes. Effective March 1, 2004
Model Standards of Conduct for Mediators. September 2005
A Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising out of the Employment Relationship.
Commission on Health Care Dispute Resolution- Final Report. July 27, 1998
Consumer Due Process Protocol.
eCommerce Dispute Management Protocol.
IV. American Arbitration Association Guides
A Guide for Commercial Arbitrators.
A Guide to Mediation and Arbitration for Business People. Amended and Effective July 2003
A Guide to the Management of Large, Complex Cases. Effective August 1, 2003
Drafting Dispute Resolution Clauses - A Practical Guide. Amended and Effective July 1, 2004
Resolving Commercial Financial Disputes - A Practical Guide (including Sample Clauses and Mediation and Arbitration Rules). Amended and Effective September 1, 2005
Resolving Employment Disputes - A Practical Guide. Amended and Effective July 1, 2003
Resolving Professional Accounting and Related Services Disputes - A Guide to Alternative Dispute Resolution.
V. American Arbitration Association Q & As
Arbitrator Fees and Expenses in International Cases
Award Preparation for International Cases
Supplementary Procedures for Consumer-Related Disputes Q & A
Disclosure and Challenge of an Arbitrator
Disclosure and Challenge of an Arbitrator in International Cases
Enhanced Neutral Selection Process for Large Complex Cases
How to Commence an AAA Arbitration
Locale Determinations
Locale Determinations in International Cases
Subpoenas
Arbitrating under the National Rules for the Resolution of Employment Disputes (NRRED). Amended and effective September 15, 2005.
VI. American Arbitration Association Downloadable Forms
Labor and Employment Forms
Labor Arbitration Rules Demand for Arbitration Employment Arbitration Rules Demand for Arbitration California: Demand for Arbitration Form for Employment-Related Disputes
Commercial/Business Forms
Commercial Arbitration Rules Demand for Arbitration
Submission to Dispute Resolution-Mediation and Arbitration
Construction Industry Demand for Arbitration
California Forms: Supplementary Procedures for Consumer-Related Disputes Form
Demand for Arbitration
Request for Mediation
Subpoena
Subpoena Duces Tecum
Supplementary Procedures for Consumer-Related Disputes Form
VII. International Treaties
Inter-American Convention on International Commercial Arbitration (the Panama Convention)
North American Free Trade Agreement
United Nations 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention)
The AAA is the world's largest provider of alternative dispute resolution services. Since its founding in 1926, the AAA has administered approximately 3.7 million domestic and international disputes. The AAA has signed 70 cooperative agreements with arbitral institutions in 48 countries and has offices throughout the United States, as well as in Singapore, Mexico, and Bahrain.
Author/Editor Detail:
The AAA is the world's largest provider of alternative dispute resolution services. Since its founding in 1926, the AAA has administered approximately 3.7 million domestic and international disputes. The AAA has signed 70 cooperative agreements with arbitral institutions in 48 countries and has offices throughout the United States, as well as in Singapore, Mexico, and Bahrain.
Table of Contents:
PDF of Title Page and T.O.C.
Table of Contents
Part I. ALTERNATIVE DISPUTE RESOLUTION IN THE UNITED STATES
Chapter 1. Significant Decisions by Federal and State Courts in 2005
Case Digests
Federal Appeals Court Decisions
Commercial-Third Circuit, Tenth Circuit
Consumer-Fourth Circuit
Employment-District of Columbia Circuit, First Circuit,
Third Circuit, Eleventh Circuit
Employment/Securities-Ninth Circuit.
Energy-Tenth Circuit
Franchising-Ninth Circuit
Insurance-Seventh Circuit
Intellectual Property-District of Columbia Circuit, Second Circuit, Tenth Circuit
Labor- District of Columbia Circuit, Federal Circuit, First Circuit, Second Circuit, Third Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit
Labor/Construction-Fifth Circuit
Mediation-Third Circuit
Securities-Second Circuit
Taxation-Second Circuit
Telecommunications-First Circuit
Federal District Court Decisions
Commercial-Southern District of New York
Consumer-Middle District of Alabama
Mediation-District of Columbia, District of Maine.
Mediation/Bankruptcy-Eastern District of Michigan, Northern District of Ohio
State Court Decisions
Commercial-California
Construction-Colorado, Maryland, Massachusetts, Rhode Island
Consumer-Florida, Georgia, Oklahoma
Employment-Connecticut, Mississippi, West Virginia
Employment/Securities-New York
Labor-Alaska, Massachusetts, New York, Pennsylvania, Rhode Island
Mediation-New Jersey
Chapter 2. Labor
Commentary
Implementing Interest-Based Negotiation:
Conditions for Success with Evidence from Kaiser Permanente.
Leib Levanthal
Chapter 3. Religion
Commentary
Operation Restoration: The Delicate Dance of Christian Conciliation.
Suzanne E. White
Chapter 4. Social and Historical Currents in ADR
Commentary
ADR and the Culture of Litigation in the United States of America Oscar G. Chase.
Alternative Dispute Resolution: A Strategy for Combining Profit and Principle in Resolving Business Conflicts.
Steven L. Schwartz.
Chapter 5. Domestic Alternative Dispute Resolution Legislation
State Developments 2005.
Alabama
Code of Ethics for Arbitrators in Commercial Disputes
Arkansas
Automobile Dealer's Anti-Coercion Act
California
Arbitration: Legal Representation
Iowa
Uniform Mediation Act
Kentucky
Joint Local Rules of Civil Practice, Alternative Dispute Resolution.
Louisiana
Local Rules of Court Applicable to Bankruptcy
Proceedings in the U.S. District Court for theWestern District of Louisiana, Voluntary Mediation
Maryland
Election to Waive Arbitration of Health Care Malpractice Claims
Mediation of Child Custody and Visitation Disputes
Lawyer Serving as Third-Party Neutral
Qualifications and Selection of Persons Other than Mediators and Neutral Experts.
Minnesota
Lawyer Serving as Third-Party Neutral
Nevada
Rules Governing Alternative Dispute Resolution
New York
Election Law
Arbitration, Provisional Remedies
North Carolina
Clerks May Order Mediation Family Law Arbitration Act.
Ohio
Uniform Mediation Act
Oklahoma
Revised Uniform Arbitration Act
Oregon
Courts -- Circuit Courts -- Arbitration and Award.
Domestic Relations -- Juvenile Dependency
Proceedings -- Mediation
South Carolina
Civil Remedies and Procedures: Medical Malpractice Actions
Utah
Uniform Arbitration Act
Husband and Wife -- Divorce Mediation Program
Washington
Mandatory Arbitration
Uniform Mediation Act
Part II. INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
Chapter 6. Significant Decisions in 2005 by U.S. Courts Concerning International Alternative Dispute Resolution
Case Digests
Federal Appeals Court Decisions
Commercial-Second Circuit, Sixth Circuit.
Public Sector-District of Columbia Circuit
Employment-Fifth Circuit
Federal District Court and Bankruptcy Court Decisions Corporate- Southern District of Florida, Southern District of New York
Chapter 7. International Arbitration in Specific Countries Commentary Arbitration in Portugal: Overview and Practical Considerations
Manuel P. Barrocas and Claudia Cruz
An Act of Mediation of Civil Matters in Finnish Courts Robert Mattson
The Belgian Law on Mediation An Early Overview Luc Demeyere
Social Arbitration in Collective Labor Disputes in Poland Artur Rycak
Chapter 8. International Dispute Resolution: Mass Claims Commentary
The Work of the Property Claims Commission of the German Foundation "Remembrance, Responsibility and the Future"
Pierre A. Karrer
Chapter 9. New International Alternative Dispute Resolution Legislation and Rules Poland's Code of Civil Procedure (Mediation Provisions)
APPENDICES
American Arbitration Association: A Brief Overview Information on the Joint Venture with the Fordham International Law Journal and the Fordham Urban Law Journal
Information on the Fordham International Law Journal and the Fordham Urban Law Journal
INDEX
ADDITIONAL MATERIALS CD-ROM
I. American Arbitration Association Regional Offices
II. American Arbitration Association Rules and Procedures Arbitration Rules for the Real Estate Industry (including a Mediation Alternative). Amended and effective September 1, 2007
Arbitration Rules for Wills and Trusts. Effective September 15, 2005
Commercial Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 1, 2007
Construction Industry Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 1, 2007
Dispute Resolution Rules for Professional Accounting and Related Services Disputes. Amended and effective September 15, 2005
Home Construction Arbitration Rules and Mediation Procedures. Effective June 1, 2007
International Commercial Arbitration Supplementary Procedures. Amended and effective April 1, 1999
International Dispute Resolution Procedures (including Mediation and Arbitration Rules). Amended and effective September 15, 2005
Labor Arbitration Rules (including Expedited Labor Arbitration Rules). Amended and effective July 1, 2005
National Rules for the Resolution of Employment Disputes.
Amended and effective September 15, 2005
Supplementary Rules for Class Arbitrations.Effective Date October 8, 2003
Supplementary Procedures for Consumer-Related Disputes.Effective September 15, 2005
Supplementary Rules for Domain Name Disputes.
Supplementary Rules for the Resolution of Patent Disputes. Amended and effective January 1, 2006
Supplementary Procedures for AAA Online Arbitration. Effective July 1, 2001
Supplementary Rules for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes. Amended and effective September 15, 2005
Wireless Industry Arbitration Rules (Sponsored by the Cellular Tele-communications Industry Association). Effective July 1, 2003
III. Codes, Protocols, Statements of Ethics
American Arbitration Association Code of Ethics for Employees Statement of Ethical Principles for the American Arbitration Association, an ADR Provider Organization.
Code of Ethics for Arbitrators in Commercial Disputes. Effective March 1, 2004
Model Standards of Conduct for Mediators. September 2005
A Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising out of the Employment Relationship.
Commission on Health Care Dispute Resolution- Final Report. July 27, 1998
Consumer Due Process Protocol.
eCommerce Dispute Management Protocol.
IV. American Arbitration Association Guides
A Guide for Commercial Arbitrators.
A Guide to Mediation and Arbitration for Business People. Amended and Effective July 2003
A Guide to the Management of Large, Complex Cases. Effective August 1, 2003
Drafting Dispute Resolution Clauses - A Practical Guide. Amended and Effective July 1, 2004
Resolving Commercial Financial Disputes - A Practical Guide (including Sample Clauses and Mediation and Arbitration Rules). Amended and Effective September 1, 2005
Resolving Employment Disputes - A Practical Guide. Amended and Effective July 1, 2003
Resolving Professional Accounting and Related Services Disputes - A Guide to Alternative Dispute Resolution.
V. American Arbitration Association Q & As
Arbitrator Fees and Expenses in International Cases
Award Preparation for International Cases
Supplementary Procedures for Consumer-Related Disputes Q & A
Disclosure and Challenge of an Arbitrator
Disclosure and Challenge of an Arbitrator in International Cases
Enhanced Neutral Selection Process for Large Complex Cases
How to Commence an AAA Arbitration
Locale Determinations
Locale Determinations in International Cases
Subpoenas
Arbitrating under the National Rules for the Resolution of Employment Disputes (NRRED). Amended and effective September 15, 2005.
VI. American Arbitration Association Downloadable Forms
Labor and Employment Forms
Labor Arbitration Rules Demand for Arbitration Employment Arbitration Rules Demand for Arbitration California: Demand for Arbitration Form for Employment-Related Disputes
Commercial/Business Forms
Commercial Arbitration Rules Demand for Arbitration
Submission to Dispute Resolution-Mediation and Arbitration
Construction Industry Demand for Arbitration
California Forms: Supplementary Procedures for Consumer-Related Disputes Form
Demand for Arbitration
Request for Mediation
Subpoena
Subpoena Duces Tecum
Supplementary Procedures for Consumer-Related Disputes Form
VII. International Treaties
Inter-American Convention on International Commercial Arbitration (the Panama Convention)
North American Free Trade Agreement
United Nations 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention)