ADR & the Law - 22nd Edition

American Arbitration Association

Price: $85.00 386 pages. 1 Hardcover Volume. Appendices. Index. CD-ROM. Published April 2008
ISBN-13: 978-1-933833-10-1 / ISBN-10: 1933833106

Table of Contents

Part I. ALTERNATIVE DISPUTE RESOLUTION

IN THE UNITED STATES

Chapter 1. Significant Decisions by Federal and State Courts in 2005

Case Digests

Federal Appeals Court Decisions

Commercial—Third Circuit, Tenth Circuit

Consumer—Fourth Circuit

Employment—District of Columbia Circuit, First Circuit,

Third Circuit, Eleventh Circuit

Employment/Securities—Ninth Circuit.

Energy—Tenth Circuit

Franchising—Ninth Circuit

Insurance—Seventh Circuit

Intellectual Property—District of Columbia Circuit, Second Circuit, Tenth Circuit

Labor— District of Columbia Circuit, Federal Circuit, First Circuit, Second Circuit, Third Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit

Labor/Construction—Fifth Circuit

Mediation—Third Circuit

Securities—Second Circuit

Taxation—Second Circuit

Telecommunications—First Circuit

Federal District Court Decisions

Commercial—Southern District of New York

Consumer—Middle District of Alabama

Mediation—District of Columbia, District of Maine.

Mediation/Bankruptcy—Eastern District of Michigan, Northern District of Ohio

State Court Decisions

Commercial—California

Construction—Colorado, Maryland, Massachusetts, Rhode Island

Consumer—Florida, Georgia, Oklahoma

Employment—Connecticut, Mississippi, West Virginia

Employment/Securities—New York

Labor—Alaska, Massachusetts, New York, Pennsylvania, Rhode Island

Mediation—New Jersey

Chapter 2. Labor

Commentary

Implementing Interest-Based Negotiation:

Conditions for Success with Evidence from Kaiser Permanente.
Leib Levanthal

Chapter 3. Religion

Commentary

Operation Restoration: The Delicate Dance of Christian Conciliation.
Suzanne E. White

Chapter 4. Social and Historical Currents in ADR

Commentary

ADR and the Culture of Litigation in the United States of America Oscar G. Chase.

Alternative Dispute Resolution: A Strategy for Combining Profit and Principle in ResolvingBusiness Conflicts.
Steven L. Schwartz.

Chapter 5. Domestic Alternative Dispute Resolution Legislation

State Developments 2005.

Alabama

Code of Ethics for Arbitrators in Commercial Disputes

Arkansas

Automobile Dealer’s Anti-Coercion Act

California

Arbitration: Legal Representation

Iowa

Uniform Mediation Act

Kentucky

Joint Local Rules of Civil Practice, Alternative Dispute Resolution.

Louisiana

Local Rules of Court Applicable to Bankruptcy

Proceedings in the U.S. District Court for theWestern District of Louisiana, Voluntary Mediation

Maryland

Election to Waive Arbitration of Health Care Malpractice Claims

Mediation of Child Custody and Visitation Disputes

Lawyer Serving as Third-Party Neutral

Qualifications and Selection of Persons Other than Mediators and Neutral Experts.

Minnesota

Lawyer Serving as Third-Party Neutral

Nevada

Rules Governing Alternative Dispute Resolution

New York

Election Law

Arbitration, Provisional Remedies

North Carolina

Clerks May Order Mediation Family Law Arbitration Act.

Ohio

Uniform Mediation Act

Oklahoma

Revised Uniform Arbitration Act

Oregon

Courts – Circuit Courts – Arbitration and Award.

Domestic Relations – Juvenile Dependency

Proceedings – Mediation

South Carolina

Civil Remedies and Procedures: Medical Malpractice Actions
Utah

Uniform Arbitration Act

Husband and Wife – Divorce Mediation Program

Washington

Mandatory Arbitration

Uniform Mediation Act

Part II. INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION

Chapter 6. Significant Decisions in 2005 by U.S. Courts Concerning International Alternative Dispute Resolution

Case Digests

Federal Appeals Court Decisions

Commercial—Second Circuit, Sixth Circuit.

Public Sector—District of Columbia Circuit

Employment—Fifth Circuit

Federal District Court and Bankruptcy Court Decisions Corporate— Southern District of Florida, Southern District of New York

Chapter 7. International Arbitration in Specific Countries Commentary Arbitration in Portugal: Overview and Practical Considerations
   Manuel P. Barrocas and Claudia Cruz

         An Act of Mediation of Civil Matters in Finnish Courts    Robert Mattson

         The Belgian Law on Mediation An Early Overview    Luc Demeyere

Social Arbitration in Collective Labor Disputes in Poland Artur Rycak

Chapter 8. International Dispute Resolution: Mass Claims Commentary

The Work of the Property Claims Commission of the German Foundation “Remembrance, Responsibility and the Future”
Pierre A. Karrer

Chapter 9. New International Alternative Dispute Resolution Legislation and Rules Poland’s Code of Civil Procedure (Mediation Provisions)

APPENDICES

American Arbitration Association: A Brief Overview Information on the Joint Venture with the Fordham International Law Journal and the Fordham Urban Law Journal

Information on the Fordham International Law Journal and the Fordham Urban Law Journal

INDEX

ADDITIONAL MATERIALS CD-ROM

I. American Arbitration Association Regional Offices

II. American Arbitration Association Rules and Procedures Arbitration Rules for the Real Estate Industry (including a Mediation Alternative). Amended and effective September 1, 2007

Arbitration Rules for Wills and Trusts. Effective September 15, 2005
Commercial Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 1, 2007

Construction Industry Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and

effective September 1, 2007

Dispute Resolution Rules for Professional Accounting and Related Services Disputes. Amended and effective September 15, 2005

Home Construction Arbitration Rules and Mediation Procedures. Effective June 1, 2007

International Commercial Arbitration Supplementary Procedures. Amended and effective April 1, 1999

International Dispute Resolution Procedures (including Mediation and Arbitration Rules). Amended and effective September 15, 2005

Labor Arbitration Rules (including Expedited Labor Arbitration Rules). Amended and effective July 1, 2005

National Rules for the Resolution of Employment Disputes.

Amended and effective September 15, 2005

Supplementary Rules for Class Arbitrations.Effective Date October 8, 2003

Supplementary Procedures for Consumer-Related Disputes.Effective September 15, 2005

Supplementary Rules for Domain Name Disputes.

Supplementary Rules for the Resolution of Patent Disputes. Amended and effective January 1, 2006

Supplementary Procedures for AAA Online Arbitration. Effective July 1, 2001

Supplementary Rules for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes. Amended and effective September 15, 2005

Wireless Industry Arbitration Rules (Sponsored by the Cellular Tele-communications Industry Association). Effective July 1, 2003

III. Codes, Protocols, Statements of Ethics

American Arbitration Association Code of Ethics for Employees Statement of Ethical Principles for the American Arbitration Association, an ADR Provider Organization.

Code of Ethics for Arbitrators in Commercial Disputes. Effective March 1, 2004

Model Standards of Conduct for Mediators. September 2005

A Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising out of the Employment Relationship.

Commission on Health Care Dispute Resolution— Final Report. July 27, 1998

Consumer Due Process Protocol.

eCommerce Dispute Management Protocol.

IV. American Arbitration Association Guides

A Guide for Commercial Arbitrators.

A Guide to Mediation and Arbitration for Business People. Amended and Effective July 2003

A Guide to the Management of Large, Complex Cases. Effective August 1, 2003

Drafting Dispute Resolution Clauses — A Practical Guide. Amended and Effective July 1, 2004

Resolving Commercial Financial Disputes — A Practical Guide (including Sample Clauses and Mediation and Arbitration Rules). Amended and Effective September 1, 2005

Resolving Employment Disputes — A Practical Guide. Amended and Effective July 1, 2003

Resolving Professional Accounting and Related Services Disputes — A Guide to Alternative Dispute Resolution.

V. American Arbitration Association Q & As

Arbitrator Fees and Expenses in International Cases

Award Preparation for International Cases

Supplementary Procedures for Consumer-Related Disputes Q & A

Disclosure and Challenge of an Arbitrator

Disclosure and Challenge of an Arbitrator in International Cases

Enhanced Neutral Selection Process for Large Complex Cases

How to Commence an AAA Arbitration

Locale Determinations

Locale Determinations in International Cases

Subpoenas

Arbitrating under the National Rules for the Resolution of Employment Disputes (NRRED). Amended and effective September 15, 2005.

VI. American Arbitration Association Downloadable Forms

Labor and Employment Forms

Labor Arbitration Rules Demand for Arbitration Employment Arbitration Rules Demand for Arbitration California: Demand for Arbitration Form for Employment-Related Disputes

Commercial/Business Forms

Commercial Arbitration Rules Demand for Arbitration

Submission to Dispute Resolution-Mediation and Arbitration

Construction Industry Demand for Arbitration

California Forms: Supplementary Procedures for Consumer-Related Disputes Form

Demand for Arbitration

Request for Mediation

Subpoena

Subpoena Duces Tecum

Supplementary Procedures for Consumer-Related Disputes Form

VII. International Treaties

Inter-American Convention on International Commercial Arbitration (the Panama Convention)