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ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library.
Each Volume Contains:
Significant Decisions by Federal and State Courts
Articles on Such Topics as
Employment
Labor
Mediation
Judicial Review
Domestic Alternative Dispute Resolution Legislation
Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution
International Alternative Dispute Resolution Developments
International Arbitration in Specific Countries
Preface to the 21st Edition
Introduction to the 21st Edition
Part I. ALTERNATIVE DISPUTE RESOLUTION IN THE UNITED STATES
Chapter 1. Significant Decisions by Federal and State Courts in 2004
Case Digest
Federal Appeals Court Decisions
Commercial-Second Circuit
Consumer/Class Action/Telecommunications-Fifth Circuit
Consumer/Lending-Fifth Circuit
Employment-Third Circuit, Sixth Circuit
Intellectual Property-Seventh Circuit, Ninth Circuit
Labor/Construction-Fifth Circuit, Seventh Circuit
Personal Injury-Third Circuit
Securities-Second Circuit, Fourth Circuit, Sixth Circuit
Sports/Olympics-Second Circuit
Statutory Claims-Ninth Circuit
State Court Decisions
Commercial/Media-California, Massachusetts, Tennessee
Commercial/Real Estate-New York
Construction-Arkansas
Consumer-Kentucky
Consumer/Construction-Nevada
Employment-Arizona, California
Labor-Illinois
Personal Injury-Automobile-Illinois
Personal Injury/Health Insurance-Tennessee
Securities-Arizona
Chapter 2. Employment
Commentary
Negotiating Enduring Corporate Change: How the Task Force on Equality and Fairness in Roberts v. Texaco Helped to Facilitate
Corporate Change
Cathy Cronin-Harris and David M. White
Chapter 3. Labor
Commentary
The Long-Term Effects of Grievance Mediation
Stephen B. Goldberg
Chapter 4. Education
Commentary
Alternative Dispute Resolution Instruction in U.S. Business Schools:
A Comparison of Corporate Practice and Business Curriculum Content
David B. Stephens, Robert D. Stephens and John P. Kohl
Chapter 5. Mediation
Commentary
Evidence Issues in Mediation: Implications for the Private and Public Sectors
Beryl Blaustone
Chapter 6. Judicial Review
Commentary
The Contractual Expansion of Statutory Ground for Judicial Review of Arbitral Awards:
An Argument for Change
Adriana Dulic
Chapter 7. Domestic Alternative Dispute Resolution Legislation
Federal Developments
Eleventh Circuit Court of Appeals, Private Mediator Procedures for Mediation of Appeals, October 2004
State Developments
California
Common Interest Developments-Dispute Resolution Procedure
Court Rule Amendments
Colorado
Revised Uniform Arbitration
Florida
Condominium & Community Associations
Mediation Confidentiality and Privilege Act
Georgia
Building Construction; Alternative Dispute Mechanism
New Jersey
Uniform Mediation Act
N.J. Medical Care Access and Responsibility and Patients First Act
Rhode Island
Small Claims and Consumer Claims
Part II. INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION
Chapter 8. Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution
Case Digests
Federal Appeals Court Decisions
Commercial-District of Columbia, Second Circuit, Fifth Circuit, Ninth Circuit
Intellectual Property/Patent Infringement-Federal Circuit
Reinsurance-Eleventh Circuit
Federal District Court Decisions
Construction/Bankruptcy-District of Delaware, District of Columbia
Reinsurance-Northern District of Illinois
Securities/Employment-Southern District of New York
Chapter 9. International Alternative Dispute Resolution Developments: IBA Guidelines
Commentary
The Concept of Ethical Rules or the New IBA Guidelines on Conflicts of Interest in International Arbitration
Dana H. Freyer and Julie Bédard
The Role of Arbitrators as Settlement Facilitators
Jenny Power
Chapter 10. Investment Arbitration
Commentary
Tokios Tokelës: Home Is Where Control Is?
Caline Mouawad & Lara Karam
Chapter 11. International Arbitration in Specific Countries
Commentary
Recent Developments in Singapore International Arbitration
Koh Kok Wah and John Choong
Commercial Arbitration in Mexico: To Choose or Not To Choose
Stacy Rentner
Chapter 12. New International Alternative Dispute Resolution Legislation and Rules
Arbitration Law of Chile (2004)
European Union Directive on ADR
United Kingdom Employment Act 2002 (Dispute Resolution) Regulations 2004
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
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 15, 2005
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 15, 2005
Construction Industry Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes). Amended and effective September 15, 2005
Disaster Recovery Claims Mediation Procedures
Dispute Resolution Rules for Professional Accounting and Related Services Disputes. Amended and effective September 15, 2005
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
Procedures for Cases under the UNCITRAL Arbitration Rules. 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 Procedures for Domain Name Disputes
Supplementary Rules for the Resolution of Patent Disputes. Amended and effective January 1, 2006
Supplementary Procedures for Online Arbitration. Effective July 1, 2001
Supplementary Procedures for Residential Construction Disputes. Effective September 15, 2005
Supplementary Procedures 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)
North American Free Trade Agreement
United Nations 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention)
The American Arbitration Association, ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation’s largest full-service ADR provider.
