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Vol 23 No 5 May/June 2018

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ADR Systems Design for Organisations

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ISBN13: 9780471642954
ISBN: 0471642959
Published: April 1998
Publisher: John Wiley & Sons Ltd
Format: Hardback
Price: Out of print

Alternative Dispute Resolution (ADR) is a rapidly growing field, due to its popularity as an alternative to long and expensive lawsuits. This book is for people who work within organizations and are involved in disputes themselves, or for people who are required to deal with or resolve disputes.

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Preface. Acknowledgements.
Chapter 1: Introduction to ADR. Dealing With Conflict. Why not ignore conflict? Why not litigate? Setting Up A Conflict Resolution System. Existing Systems. What if you don't have a system? Do small organizations have a system? ADR Systems Design. When is Systems Design appropriate? Goals For An ADR System. Reduce Time and Cost. Improve or Maintain the Relationship. Satisfactory Outcome. Deal with Emotions. Avoid Future Disputes. What is ADR? The Types of ADR. Conflict Prevention. Partnering. Self-help. Negotiation. Mediation. Conciliation. Facilitation. Med/Arb (Mediation/Arbitration). Mini-trials. Early Neutral Evaluation. Arbitration. Litigation. Incorporating ADR Into The System-- The ""Direct"" Approach. Diagnosis. Interests. Rights. Exits and re-entries. Creativity. Training and evaluation. Summary.
Chapter 2: Diagnosis. The System Design Team. Any Recommendation Should Improve The Existing System. Who To Consult? How to Obtain Information? Summary.
Chapter 3: Diagnosis of the Organization. What Is The Culture of the Organization? What Is The Communication Structure In The Organization? How Technologically Advanced Is The Organization? What Resources Are Available? Summary.
Chapter 4: Diagnosis of the Disputes. Is The Organization's Goal To Resolve Internal Or External Disputes? What Kinds Of Disputes Is The Organization Having? Factual. Technical. Interpersonal. Legal. Difference of Opinion. What Has Been Triggering The Disputes? How Does The Company Find Out About Disputes? What Kinds Of Disputes Are Likely To Occur In The Future? How Many Disputes Are There? If there are many disputes. If there are few disputes. How Many Disputants Are There? Are Certain Individuals Commonly Involved In Disputes? How Quickly Do Disputes Need To Be Resolved? Are The Disputes Cyclical? Is Relationship Important To The Disputing Parties? Is Precedent Important? Is Confidentiality Important? Summary.
Chapter 5: Dispute Resolution Requirements. What Is The Mandate Of The Design Team? What Processes Have Been Used To Resolve Disputes In The Past? Preserving Assets. Should External Or Internal People Be Used To Help Resolve The Disputes? Summary.
Chapter 6: Interests. Power And Rights. What Are Interests? Why Use Interest-Based Approaches First? Summary.
Chapter 7: Interest-Based Negotiation. The Seven Elements Of Principled Negotiation. Alternatives. Interests. Options. Legitimacy. Communication. Relationship. Commitment. Incorporating Principled Negotiation Into The ADR System. Summary.
Chapter 8: Interest-Based Mediation. The Mediation Process. Setting the Table. Storytelling. Determining Interests. Determining the Issues. Brainstorming Options. Selecting an Option. Closure. Moving from Stage to Stage. Caucusing. The One Text. Selecting Appropriate Mediators. Integrating Mediation Into An ADR System. Summary.
Chapter 9: Rights. Non-Binding Processes. Rights-Based Mediation. Early Neutral Evaluation. Fact Finding. Mini-trials. Judicia