December 2013 Bar Bulletin
Library Resources on Alternative Dispute Resolution
I had a tough time with this month's theme, Polarity. So, in the spirit of helping resolve disputes that are likely to be polarizing, I decided to write about Public Law Library resources on alternative dispute resolution.
General ADR Resources
The resources below address ADR either by looking at different means of alternative dispute resolution or by addressing a particular mode of ADR in detail.
Alternative Dispute Resolution by Jay E. Grenig (3d ed. 2005 & 2013-14 supp.) addresses multiple dispute resolution methods, as well as ADR in different types of disputes. The first several chapters are devoted to the different modes of dispute resolution with particular attention to arbitration. Subsequent chapters are devoted to ADR in particular subject matters such as securities, construction, labor and employment, intellectual property and family disputes. There are several appendices, including protocols for particular types of disputes and forms.
If you want to steep yourself in the practice of arbitration law, the three-volume Domke on Commercial Arbitration (The Law and Practice of Commercial Arbitration) (3d ed. 2013) may be the ticket. The first two volumes address the entire process from drafting arbitration agreements to enforcing awards and judgments, including in international transactions. The third volume consists of appendices, including American Arbitration Association and other ADR bodies' rules and procedures for various types of disputes. In addition, there is an appendix of sample forms and contract provisions.
The work covers more than the title words "Commercial Arbitration" would suggest. For example, there is a chapter devoted to disputes where only one party is a commercial entity or that may not touch upon commercial interests at all, including medical malpractice, domestic abuse and estate disputes. In addition, there are chapters on interaction of arbitration with bankruptcy, Native American tribes and nations, and religious organizations and religious issues.
The Handbook on Arbitration Practice (2010) is one of a series of handbooks from the American Arbitration Association (read about others below). It is comprised of articles on different aspects of arbitration practice - determining whether arbitration is the appropriate means of dispute resolution; arbitrator selection and conduct; arbitration procedure; discovery and evidence; ethics; damages; and review and enforcement of arbitration awards. Many of the articles were originally published in Dispute Resolution Journal, published by the AAA.
Labor and Employment Arbitration
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