Alternative dispute resolution, or ADR as it is commonly called, has come to have an enormous influence on disputing practices in North America and beyond. This influence is bound to continue well into the new millennium. It is now, more than ever, necessary to study and be familiar with ADR developments. This book takes you on a journey into the science, skills, and law that make up this exciting new field. Readers will have opportunities to consider the conflicting meanings attributed to ADR and to decide which ones might make most sense for them.
The book covers the major disputing processes with an emphasis on negotiation, mediation, and other consensual processes, points to the diverse skills needed to be proficient in ADR, examines the developing law of ADR, shows how ADR may be applied in practical case scenarios, and predicts the factors that will most affect the future development of ADR. While the book is directed primarily to the legal profession -law students, legal academics, practising lawyers, and judges - the content should be of interest to all who seek to better understand or improve their work with disputes.
Summary Table of Contents
Foreword
Acknowledgments
CHAPTER 1: The Meaning of Alternative Dispute Resolution
CHAPTER 2: Key Concepts in ADR
CHAPTER 3: Negotiation: We Can Work It Out
CHAPTER 4: Mediation: The Science and the Skills
CHAPTER 5: Arbitration and the ADR Influences
CHAPTER 6: ADR in Practice
CHAPTER 7: ADR and Culture
CHAPTER 8: The Law of ADR: Legislation, Cases and the Courts
CHAPTER 9: ADR in Action: Case Studies and Practical Problems
CHAPTER 10: The Future Development of ADR
APPENDIX 1: Selected Federal/Provincial Statutes Containing ADR References
Table of Cases
Index
About the Author