Alternative Dispute Resolution: A Practical Guide

ISBN-13: 9781857433708 / Angielski / Twarda / 2008 / 208 str.

C. Chatterjee

Opis

The Alternative Dispute Resolution (ADR) system provides an opportunity whereby the deficiencies, and costs, of court and arbitration proceedings may be avoided. In this work, the authors:

• discuss the requirements of an effective ADR system for settling disputes
• compare the merits and weakness of court proceedings and arbitral proceedings in achieving agreed settlements
• provide a useful guide for students and practitioners to the legal roles within ADR, and the stages to expect during a mediation process.

National and international mediation systems are examined, including those of the Centre for Effective Dispute Resolution, the World Intellectual Property Organization (WIPO) and the International Centre for Settlement of Investment Disputes (ICSID). The WIPO Mediation Rules and the ICSID Convention, Regulations and Rules are reproduced and discussed. A chapter focuses on the role of ADR and arbitration in national and international sport. This title will be of use to both students and practitioners with an interest in ADR systems for settling disputes, be they domestic or international in nature.

Spis treści

List of Cases, Introduction, Chapter 1 The Growth and Development of Alternative Dispute Resolution (ADR) Chapter 2 Some Basic Concepts Chapter 3 ADR and The Court System Chapter 4 Confidentiality in ADR Chapter 5 The Duty to Advise a Client to Consider ADR and the Limits of that Duty Chapter 6 Representation of Parties at Non-adjudicatory ADR Chapter 7 Mediation in Progress Chapter 8 Mini Trial Chapter 9 ADR and Public Policy Issues Chapter 10 Certain Mediation System Chapter 11 Enforcement Issues Chapter 12 Sports-related ADR Conclusions

O autorze

Charles Chatterjee, University of Wolverhampton