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Vol 22 No 9 Sept/Oct 2017

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ADR in Business: Practice and Issues Across Countries and Cultures Volume II

Edited by: Arnold Ingen-Housz

ISBN13: 9789041134141
Published: December 2010
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £120.00



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Whether the ‘A’ stands for ‘appropriate’, ‘amicable’, or ‘alternative’, all out of court dispute resolution modes, collected under the banner term ‘ADR’ , aim to assist the business world in overcoming relational differences in a truly manageable way.

The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents.

As a result, in this book twenty-nine ‘intertwined but variegated’ essays (to use the editor’s characterization) provide substantial insight in such specific topics as:

  • ADR’s flexible procedures as controlled by the parties;
  • ADR’s facilitation of the continuation of relations between the parties;
  • privilege and confidentiality;
  • involvement of non-legal professionals;
  • the identity and the role of the ‘neutral’ as well as the role of the arbitrator;
  • the implementation of ICC and other international ADR rules;
  • the workings of Dispute Boards and
  • the role of ADR in securing investment and other specific objectives.
In its compound thesis – growing in relevance every day – that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Subjects:
Arbitration and Dispute Resolution
Contents:
Editor's Preface

Part I When Business Meets Conflict
Chapter 1 ADR and Arbitration
Chapter 2 Reasons for Choosing Alternative Dispute Resolution
Chapter 3 Making Mediation Mainstream
Appendix: An International Mediator Perspective
Chapter 4 Mediation as Management Tool in Corporate Governance
Chapter 5 Moving beyond ‘Just’ a Deal, a Bad Deal or No Deal Bibliography

Part II Amicable Dispute Resolution on the Judicial Map and Its Legal, Institutional and Functional Framework
Chapter 6 The Importance of Context in Comparing the Worldwide Institutionalization of Court-Connected Mediation
Chapter 7 The Roles of Dispute Settlement and ODR
Chapter 8 Legal Issues Raised by ADR
Chapter 9 Mediation Privilege and Confidentiality and the EU Directive
Chapter 10 Basic Business Issues of Mediation Centres
Chapter 11 ADR under the ICC ADR Rules
Chapter 12 ICC's ADR Rules 2001–2010: Current Practices, Case Examples and Lessons Learned

Part III Practice and Experiences
Chapter 13 How International Law Firms Might Approach the Subject of ADR with Their Clients
Chapter 14 Mediation Representation: Representing Clients Anywhere
Chapter 15 The Art of Blending Arbitration and Other ADR Methods: Some Examples from International Practice
Chapter 16 Profile of the Neutral in International Business

Part IV Hybrids and Dispute Boards
Chapter 17 Appropriate Dispute Resolution (ADR): The Spectrum of Hybrid Techniques Available to the Parties
Chapter 18 Combinations and Permutations of Arbitration and Mediation: Issues and Solutions
Chapter 19 ICC Dispute Board Rules: Status and Perspectives of a Key Contribution to the Prevention of Disputes

Part V Amicable Dispute Resolution Worldwide
Chapter 20 The Bi-modal Pattern of Mediation in the United States and Canada
Chapter 21 ADR in Australia
Chapter 22 Securing Investment: Innovative Business Strategies for Conflict Management in Latin America
Chapter 23 Recent Developments in Mediation in East Asia
Chapter 24 The Arab World
Chapter 25 Alternative Dispute Resolution in Turkey
Chapter 26 Amicable Dispute Resolution in South Africa
Chapter 27 Amicable Dispute Resolution: The Nigerian Experience
Chapter 28 ADR in Sub-Saharan African Countries
Chapter 29 The European Mediation Directive: More Questions Than Answers