Alternative dispute resolution: a practical guide/
Chatterjee, C. (Charles)
Alternative dispute resolution: a practical guide/ Charles Chatterjee. - London: Routledge, 2008. - 192 p. ill. 23 cm.
Chapter 1
The Groiuth and Development of Alternative Dispute
Resolution (ADR)
Introduction
The Growth and Development of ADR as a
Method of Dispute Resolution
Elements of ADR
Limits to ADR
Conclusions
Chapter 2
Some Basic Concepts
Introduction
Central Basic Concepts
Alternative Dispute Resoludon
Negotiation, including Intra7party and
Multi-party negotiations
Conciliations
Mediation
Multi-party Mediation
The Distinction between Mediation and
Conciliation
Arbitration
Amiable Composition
Informal Justice
Settlement and Justice
Conclusions
Chapter 3
ADR and The Court System
Introduction
Court-based ADR
Court-attached Mediation
Other Court-attached Processes
Private Judging
Conclusions
Chapter 4
Confidentiality in ADR
Introduction
Confidentiality in ADR
Privilege
Professional Privilege
Conclusions
Chapter 5
The Duty to Advise a Client to Consider ADR and the Limits
of that Duty
Introduction
The Duty of tlie Client
A Lawyer's Duty to Justify the Propriety of the
ADR System
^ Mediation
Is there any Duty to use the ADR System?
Assessment of Risks
Limits to Mediation
Conclusions
Chapter 6
Representation of Parties at Non-adjudicatory ADR
Introduction
Representation of Parties at a Non-adjudicatory
ADR
The Advocate's Functions
Training of Neutral Advisers
Funding of ADR
Conclusions
Chapter 7
Mediation in Progress
Introduction
How to Initiate Mediation
Chapter 8
Mini Trial
Participants in Mediation
The Parties
Legal Representatives
Experts
The Mediator(s)
The Opening Phase
Parties' Opening Statements
Agenda Setting
The Sessions
Private Sessions of the Parties
Joint Session for Negotiation
The Final Stage
The Mediator's Understanding of the Nature of
the Dispute
Negatives
Threatened Walk Out
Lack of Communication between the Parties
Lack of Confidence / Faith in Mediation
Conclusions
Introduction
Preparation
The Conduct of a Mini Trial
Types of Cases Suitable for Mini Trials
The Neutral Adviser's Position
Conclusions
Chapter 9
ADR and Public Policy Issues
Introduction
Reasons for Applying for Settling Public Issues
Vll
Appropriateness of ADR in Resolving Public
Policy
Conditions to be Satisfied for ADR in regard to
Public Policy Issues
Conclusions
Chapter 10
Certain Mediation Systems
Introduction
The World Intellectual Property Organisation
(WIPO) Mediation System
An Examination of the WIPO Mediation Rules
Examples of Panel Decisions Rendered by the
WIPO Arbitration and Mediation Centre
The Request for Mediation
Appointment of the Mediator
Representation of Parties and Participation in
c Meetings
Role of the Mediator
Conduct of Mediation
Confidentiality
Termination of Mediation
Other Issues
Conclusions
The Centre for Effective Dispute Resolution
(CEDR)
London Court of International Arbitration
(LCIA)
Introduction - A Discussion of the Main
Provisions of the LCIA Mediation Procedure
Rules of the Mediation Institute of the Stockholm
Chamber of Commerce
International Centre for Settlement of Investment
Disputes (ICSID)
ICSID Conciliation Rules
Sociological and Political Elements of a Dispute
Conclusions
Chapter 11
Enforcement Issues
Introduction
An Examination of the Legal Status of
Agreements Reached by Parties through
ADR Processes
The Intention to Enforce when Reaching a
Settlement
A Discussion of the Adjudicatory and
Non-adjudicatory Processes
Conclusions
Chapter 12
Sports-related ADR
Introduction
Some of the Institutions Engaged in Resolving
Sports Disputes
Thet Court of Arbitration for Sport (CAS)
The Mediation Rules of the International Council
of Arbitration for Sport (ICAS)
General
Appointment of the Mediator
Conduct of Mediation and the Role of the
Mediator
Costs
Ordinary Arbitration
Appeal Arbitration
Consultation Proceedings
Conclusions
9781857433708
Dispute resolution (Law)
Mediation
347.09 / CHA/A
Alternative dispute resolution: a practical guide/ Charles Chatterjee. - London: Routledge, 2008. - 192 p. ill. 23 cm.
Chapter 1
The Groiuth and Development of Alternative Dispute
Resolution (ADR)
Introduction
The Growth and Development of ADR as a
Method of Dispute Resolution
Elements of ADR
Limits to ADR
Conclusions
Chapter 2
Some Basic Concepts
Introduction
Central Basic Concepts
Alternative Dispute Resoludon
Negotiation, including Intra7party and
Multi-party negotiations
Conciliations
Mediation
Multi-party Mediation
The Distinction between Mediation and
Conciliation
Arbitration
Amiable Composition
Informal Justice
Settlement and Justice
Conclusions
Chapter 3
ADR and The Court System
Introduction
Court-based ADR
Court-attached Mediation
Other Court-attached Processes
Private Judging
Conclusions
Chapter 4
Confidentiality in ADR
Introduction
Confidentiality in ADR
Privilege
Professional Privilege
Conclusions
Chapter 5
The Duty to Advise a Client to Consider ADR and the Limits
of that Duty
Introduction
The Duty of tlie Client
A Lawyer's Duty to Justify the Propriety of the
ADR System
^ Mediation
Is there any Duty to use the ADR System?
Assessment of Risks
Limits to Mediation
Conclusions
Chapter 6
Representation of Parties at Non-adjudicatory ADR
Introduction
Representation of Parties at a Non-adjudicatory
ADR
The Advocate's Functions
Training of Neutral Advisers
Funding of ADR
Conclusions
Chapter 7
Mediation in Progress
Introduction
How to Initiate Mediation
Chapter 8
Mini Trial
Participants in Mediation
The Parties
Legal Representatives
Experts
The Mediator(s)
The Opening Phase
Parties' Opening Statements
Agenda Setting
The Sessions
Private Sessions of the Parties
Joint Session for Negotiation
The Final Stage
The Mediator's Understanding of the Nature of
the Dispute
Negatives
Threatened Walk Out
Lack of Communication between the Parties
Lack of Confidence / Faith in Mediation
Conclusions
Introduction
Preparation
The Conduct of a Mini Trial
Types of Cases Suitable for Mini Trials
The Neutral Adviser's Position
Conclusions
Chapter 9
ADR and Public Policy Issues
Introduction
Reasons for Applying for Settling Public Issues
Vll
Appropriateness of ADR in Resolving Public
Policy
Conditions to be Satisfied for ADR in regard to
Public Policy Issues
Conclusions
Chapter 10
Certain Mediation Systems
Introduction
The World Intellectual Property Organisation
(WIPO) Mediation System
An Examination of the WIPO Mediation Rules
Examples of Panel Decisions Rendered by the
WIPO Arbitration and Mediation Centre
The Request for Mediation
Appointment of the Mediator
Representation of Parties and Participation in
c Meetings
Role of the Mediator
Conduct of Mediation
Confidentiality
Termination of Mediation
Other Issues
Conclusions
The Centre for Effective Dispute Resolution
(CEDR)
London Court of International Arbitration
(LCIA)
Introduction - A Discussion of the Main
Provisions of the LCIA Mediation Procedure
Rules of the Mediation Institute of the Stockholm
Chamber of Commerce
International Centre for Settlement of Investment
Disputes (ICSID)
ICSID Conciliation Rules
Sociological and Political Elements of a Dispute
Conclusions
Chapter 11
Enforcement Issues
Introduction
An Examination of the Legal Status of
Agreements Reached by Parties through
ADR Processes
The Intention to Enforce when Reaching a
Settlement
A Discussion of the Adjudicatory and
Non-adjudicatory Processes
Conclusions
Chapter 12
Sports-related ADR
Introduction
Some of the Institutions Engaged in Resolving
Sports Disputes
Thet Court of Arbitration for Sport (CAS)
The Mediation Rules of the International Council
of Arbitration for Sport (ICAS)
General
Appointment of the Mediator
Conduct of Mediation and the Role of the
Mediator
Costs
Ordinary Arbitration
Appeal Arbitration
Consultation Proceedings
Conclusions
9781857433708
Dispute resolution (Law)
Mediation
347.09 / CHA/A