Overview

Mediation and Arbitration Best Practices is an authoritative, insider's perspective on successfully using alternative dispute resolution to settle disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the intricacies of resolving disputes outside of litigation, discussing the various components of ADR, the value and role of an attorney, and tactics for settling disputes more efficiently. From evaluating the benefits of ADR to examining present and future trends, these top lawyers give tips on understanding a client's goals, deciding when to use arbitration or mediation, formulating a strategy, and preparing a case. Additionally, these leaders reveal their strategies for planning defensively, managing expectations, avoiding risks, and keeping abreast of change.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 strategies for success within this rapidly developing area of law.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: Lionel M. Schooler, Equity Partner, Jackson Walker LLP - The Differences and Similarities between Arbitration and Mediation ; David Fleischer, Partner, Paul, Hastings, Janofsky & Walker LLP - Leading the Charge toward Successfully Resolving a Dispute ; Dan M. Forman, Esq., Partner, Manatt, Phelps & Phillips LLP - Creating an Environmentthat Encourages Resolution ; Peter J. Smith, Partner and Construction Department Co-Chair, Connell Foley LLP The Ups and Downs of Dispute Resolution ; Terrill D. Albright, Litigation Partner, Baker & Daniels - When to Mediate, When to Arbitrate, and When to Go to Court ; and, Patricia S. Brody, Partner, Jeffer, Mangels, Butler & Marmaro - Keys to Truly Understanding a Client's Case .Chapter also include: Ashley Steiner Kelly, Partner, Arnall Golden Gregory LLP - Mediation and Arbitration: Assessing Their Processes, Positives, and Potential Pitfalls ; Alan S. Naar, Partner, Greenbaum, Rowe, Smith & Davis LLP - Understanding the Benefits and Risks of Alternative Dispute Resolution ; Peter Fitzpatrick, Partner, Howrey LLP - A Perspective from Across the Sea ; Joseph Maddaloni Jr., Esq., Principal, Porzio, Bromberg & Newman PC - The Many Forms of Alternative Dispute Resolution ; Peter Silverman, Partner, Shumaker, Loop & Kendrick - A Step-by-Step Lookat Dispute Resolution ; Alan S. Gilbert, Partner, Sonnenschein Nath & Rosenthal LLP - Is AlternativeDispute Resolution Best for Your Dispute? Making an Informed Choice ; Daniel Guttman, Esq., Partner, Baker Hostetler LLP - Mediation as a Value-Added Process: How and When to Effectively Use It ; and, Craig Higgs, Partner, Higgs, Fletcher & Mack - A Brief Comparison of Arbitration and Mediation .Appendices include: Appendix A: Sample Arbitration Clause; Appendix B: Sample Arbitration Clause; Appendix C: Sample Arbitration and Mediation Orders; Appendix D: Sample Mediator Engagement Letter; Appendix E: Sample Pre-Mediation Agreement Regarding Enforceability of Mediation; Appendix F: Model Agreement to Arbitrate Pending Litigation; Appendix G: Sample Scheduling Order for Complex Commercial Arbitration; Appendix H: Report of Preliminary Hearing and Scheduling Order; Appendix I: Sample Dispute Resolution Clause; Appendix J: Portions of Post-Dispute Arbitration Agreement; Appendix K: Sample Mediation Position Statement; and, Appendix L: Sample Mediation Outline.

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