Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book
is succinct, comprehensive and a practical introduction to the use of
arbitration and ADR, written by leading practitioners and scholars. The Handbook begins
with a thorough introduction into the practice of mediation and offers
advice and strategies in preparing for and conducting successful
mediations. It explores the use of mediator evaluations, (i.e. opinions
as to the likely outcome or value of legal claims), reframing (i.e.
restating or rephrasing statements of conflict), risk analysis, the
underlying psychology and bridging of cultural gaps, among many other
areas included to assist mediators in achieving the best results.
Attorneys are provided with guidance
on establishing a mediation practice, preparing clients for mediation,
negotiation tactics, and how to answer a client’s questions regarding
the process of mediation. It discusses confidentiality and ethics in
mediation and also addresses the use of mediation in specific types of
disputes, such as business to business matters, construction, medical
malpractice, governmental agencies including environmental agencies, and
in the workplace. Lastly, it touches on various mediation issues as
they arise in the legal system.
The chapters
were selected from an extensive body of writings and, in the main,
represent world-class assessments of arbitration and ADR practice. All
the major facets of the field are addressed and provide the reader with
comprehensive and accurate information, lucid evaluations, and an
indication of future developments. They not only acquaint, but also
ground the reader in the field.