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The Appropriate Use Of Alternative Dispute Resolution Techniques To Resolve Contract Disputes
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Book Synopsis The Appropriate Use of Alternative Dispute Resolution Techniques to Resolve Contract Disputes by : Joseph M. McDade
Download or read book The Appropriate Use of Alternative Dispute Resolution Techniques to Resolve Contract Disputes written by Joseph M. McDade and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution written by and published by . This book was released on 2005 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Use of Alternative Dispute Resolution Techniques to Resolve Government Contract Disputes: A Case Study by : John N Kraus (Jr)
Download or read book The Use of Alternative Dispute Resolution Techniques to Resolve Government Contract Disputes: A Case Study written by John N Kraus (Jr) and published by . This book was released on 1991 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this study was to examine the decision-making processes involved in using Alternative Dispute Resolution (ADR) techniques in lieu of litigation to resolve government contract disputes. With the enactment of Public Law 101-552, The Administrative Dispute Resolution Act, federal agencies are encouraged to use mediation, arbitration, and other ADR techniques for the prompt and informal resolution of disputes. Although the use of ADR in the private sector is increasing dramatically, use within the government has been minimal, in part, because of a general lack of knowledge about ADR and its practical application. An initial step towards broadening the knowledge base is to document the decision-making processes in cases where ADR has been used. A descriptive case study method was used to evaluate six completed ADR cases and one as yet unresolved case. Each was examined to determine: why the parties used ADR instead of litigation; how the specific ADR techniques were chosen, and; how and on what basis the neutral advisor was chosen. Based on the data generated from each case, patterns and trends across the cases were identified.
Book Synopsis Sourcebook, Federal Agency Use of Alternative Means of Dispute Resolution by : Marguerite S. Millhauser
Download or read book Sourcebook, Federal Agency Use of Alternative Means of Dispute Resolution written by Marguerite S. Millhauser and published by . This book was released on 1987 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolving Disputes written by Jay Folberg and published by Aspen Publishing. This book was released on 2021-09-14 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Book Synopsis Alternative Dispute Resolution for Government Contracts by : Donald P. Arnavas
Download or read book Alternative Dispute Resolution for Government Contracts written by Donald P. Arnavas and published by Wolters Kluwer. This book was released on 2004-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative Dispute Resolution for Government Contracts from CCH is the only resource that provides a comprehensive treatment of ADR in government contracts. It presents a complete discussion of the various ADR procedures together with their advantages and disadvantages, allowing readers to reach an informed decision as to which ADR mode is most suitable for resolution of a specific dispute. Along with covering the Administrative Dispute Resolution Act of 1996, Executive Orders and other applicable regulations are thoroughly discussed. Alternative Dispute Resolution for Government Contracts covers the "hot" areas of ADR, including confidentiality, conflicts of interest, finality of arbitration awards, enforcement of awards and settlement agreements together with all the relevant citations. It will also help you analyze which type of approach is most effective for each of the main ADR processes and the preparation necessary for all members of an ADR team..
Book Synopsis How to Negotiate Like a Pro by : Mary Greenwood
Download or read book How to Negotiate Like a Pro written by Mary Greenwood and published by iUniverse. This book was released on 2006-06 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over twenty-five years, author Mary Greenwood has worked in careers that required expert negotiation. After becoming a professional union negotiator, she began to notice a specific set of rules people use to settle disputes. Greenwood compiles many of these rules in How to Negotiate Like a Pro: 41 Rules for Resolving Disputes, an easy-to-understand guide to negotiating any type of situation. Among these rules you will find the following: * Focus on the goal and resist being distracted by emotions * Request ground rules * Avoid negotiating against yourself * Do your research * Know when to walk away Greenwood lists each rule and subsequently offers a concise explanation on how and when to use it in your negotiations. She explains the emotional frame of mind you need for negotiations and reveals the preparations, strategies, and tactics required to close the deal. Telephone and on-line negotiations are also discussed. Whether you're involved in a professional dispute with another business associate, your boss, or even an online seller, How to Negotiate Like a Pro will put you ahead of the game!
Book Synopsis The Mini-Trial by : Steven A. Morgan
Download or read book The Mini-Trial written by Steven A. Morgan and published by . This book was released on 1997-12-01 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to avoid unnecessary, time consuming, and costly litigation, the Department of Defense, and more specifically the United States Navy, has adopted the use of alternative dispute resolution (ADR) to resolve contract disputes. One of the less-used but highly successful ADR techniques is known as the Mini-Trial. The primary goals of this thesis are to provide contracting professionals and attorneys with a better understanding of the Mini-Trial, explore how the Navy might make better use of the technique, and outline the steps the Navy should take to further implement its use. The thesis provides information on the Mini-Trial's background, factors for use, advantages and disadvantages, format, and roles of participants. The researcher found that there are a number of issues surrounding the Mini-Trial including; problems with neutrals and principals, and the perception that the Navy was reluctant to use the technique. Principal findings from the research revealed that there are key measures of success for the Mini-Trial, that barriers exist to convince contractors to participate, that there are certain conditions for its use, and that the Navy will increase its use of the technique in the further. Principal recommendations are that the Navy should not second guess its principals, ensure settlement funds are paid promptly, establish an agency ombudsman to answer ADR questions, and conduct face-to-face discussions with contractors to convince them that the Mini-trial and ADR are in both parties' best interest.
Book Synopsis Dispute Resolution by : Carrie J. Menkel-Meadow
Download or read book Dispute Resolution written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2018-09-14 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter
Book Synopsis Resolving Construction Disputes by : Diana Holtham
Download or read book Resolving Construction Disputes written by Diana Holtham and published by Chartridge Books Oxford. This book was released on 1999 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication
Book Synopsis Resolution of Disputes to Avoid Construction Claims by : Barry B. Bramble
Download or read book Resolution of Disputes to Avoid Construction Claims written by Barry B. Bramble and published by Transportation Research Board. This book was released on 1995 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.
Book Synopsis Settle it Out of Court by : Thomas E. Crowley
Download or read book Settle it Out of Court written by Thomas E. Crowley and published by . This book was released on 1994-05-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, in this smart, witty guide, attorney and conflict resolution expert, Thomas Crowley offers you "battle-tested" strategies and step-by-step guidance on resolving your business and personal disputes fairly, equitably, and without the agonies of a court trial. And most importantly, he explains it in clear, down-to-earth English, not in legalese! Applicable to virtually any type of dispute, including marital, employer/employee, and contract disputes, the techniques Thomas Crowley provides are designed to get both sides to structure their feelings, help them get their facts out straight and state their cases, and enable them to hash out a mutually agreeable settlement in a civilized fashion.
Book Synopsis Alternative Dispute Resolution by : Alexander H. Bevan
Download or read book Alternative Dispute Resolution written by Alexander H. Bevan and published by . This book was released on 1992 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative dispute resolution (ADR) is a term embracing a number of processes that have emerged in order to cope with disputes, particularly in the commercial world. This introduction to ADR includes case histories ranging from personal injury disputes to construction litigation.
Book Synopsis Introduction to Construction Dispute Resolution by : Feniosky Pena-Mora
Download or read book Introduction to Construction Dispute Resolution written by Feniosky Pena-Mora and published by . This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.
Book Synopsis Conflict and Resolution by : Barbara A. Nagle-Lechman
Download or read book Conflict and Resolution written by Barbara A. Nagle-Lechman and published by Aspen Publishing. This book was released on 2008 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict and Resolution, Second Edition, provides students with a working knowledge of the major forms of dispute resolution. Through the use of hands-on exercises and role-playing scenarios, theory is put into practice allowing students to translate lessons learned into true to life situations. This newly revised text offers the following: provides an overview of negotiation, mediation, and arbitration in a short, accessible book well-designed pedagogyfor the paralegal students, including chapter summaries and exercises designed to engage students in application of what they have learned includes role-plays to allow students to experience how the theories of dispute resolution are used in practice ethical issues thoroughly covered The Second Edition offers: an even clearer presentation of the three major approaches to mediation: facilitative, evaluative, and transformative on-line negotiation and mediation will be included new topics including restorative justice and victim-offender mediation expanded materials on arbitration chapter on Conflict has been expanded to include different conflict styles
Book Synopsis Federal Dispute Resolution by : Jeffrey M. Senger
Download or read book Federal Dispute Resolution written by Jeffrey M. Senger and published by Jossey-Bass. This book was released on 2004 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Dispute Resolution provides a much-needed guide to using alternative dispute resolution in matters involving the federal government. This helpful resource is appropriate for anyone involved in the ADR process, including those who represent the government and those who have disputes with the government. In a highly accessible format, Federal Dispute Resolution offers valuable information about the benefits of the ADR process and outlines the laws and regulations that govern this burgeoning field. The book includes vital instructions on how to determine which disputes are best suited to ADR and how to select the type of ADR process that is most appropriate for a particular situation. It also includes step-by-step guidance on how to prepare for ADR and offers suggestions on how to advocate effectively in ADR. Received 2004 Best Book Award from the CPR Institute for Dispute Resolution
