Overview

Alternative Dispute Resolution Client Strategies is an authoritative, insider's perspective on best practices for resolving disputes outside of litigation. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the intricacies of dispute resolution and identify the important differences and similarities between arbitration, mediation, and the less known, mini-trial. These authors discuss several key advantages for using ADR versus litigation, such as confidentiality, producing an expedited resolution, and eliminating extreme costs. From understanding a client's motivations to preparing for arbitration or mediation, these top lawyers discuss how to effectively use the duel role of advocate and counselor to determine the best course of action to take for a dispute.Additionally, these leaders reveal their techniques for formulating a strategy, establishing client/attorney relationships, eliminating bad facts, and finding creative solutions to best meet the client's ultimate goals. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field.Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future.Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book.Chapters include: Graham L.W. Day, Shareholder, Polsinelli Shalton Flanigan Suelthaus PC - Building a Platform for Success ; Susan L. Williams, Partner/Member, Frost Brown Todd LLC - It's All about Compromise ; John H. Henn, Of Counsel, Foley Hoag LLP - Business Disputes: Considerations for Dispute Resolution by Arbitration versus the Judicial Process ; Richard J. Magid, Partner, Whiteford, Taylor & Preston LLP - Looking Out for the Client's Best Interests ; David J. Miclean, Principal, Fish & Richardson PC - Establishing and Achieving the Client's Goals ; Barton A. Bixenstine, Esq., Partner, Ulmer & Berne LLP - A Detailed Look at ADR Program Construction ; and, Peter W. Benner, Partner, Shipman & Goodwin LLP - Building Positive Relationships .Chapters also include: Mitchell Zimmerman, Chair, Copyright Group Co-Chair, Privacy and Information Security Group, Fenwick & West LLP - Structured Informality versus Litigation Lite : How to Keep Arbitrations from Becoming Major Lawsuits while Reaping the Benefits of ADR ; Brent C. Taggart, Partner, Vorys, Sater, Seymour, and Pease LLP - Advocating, Negotiating, and Counseling ; Ken Kendrick, Co-Chair of ADR Practice Group, Womble Carlyle Sandridge & Rice PLLC - The Components of ADR ; Kirby Gould Mason, Partner, Hunter, Maclean, Exley & Dunn PC - ADR: Is It Right for You? ; and, Richard Grossman, Founder, Intelligent Justice - Reinventing Justice through Comprehensive Adjudication .Appendices include: Appendix A- Arbitration Provision Examples; Appendix B - Checklist for an Arbitration Clause; Appendix C - Preliminary Hearing Report; Appendix D - Caseload Data Tables; Appendix E - Arbitration Proceedings Agreement; Appendix F - Alternative Dispute Resolution Procedures Agreement; Appendix G - Dispute Resolution Policy; Appendix H - Arbitration Agreement; and, Appendix I - Alternative Dispute Resolution Policy.

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