TY - BOOK AU - Chatterjee, C. (Charles) TI - Alternative dispute resolution: a practical guide SN - 9781857433708 U1 - 347.09 PY - 2008/// CY - London PB - Routledge KW - Dispute resolution (Law) KW - Mediation N1 - 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 ER -