ADR and the Law - 19th Edition

About the Book:
This edition of ADR & the Law is a joint venture of the American Arbitration Association, the Fordham International Law Journal, and the Fordham Urban Law Journal. This is the 19th edition of this popular series. Originally published by the American Arbitration Association's Office of General Counsel under the title Arbitration & the Law, the name change reflects the growing importance of mediation and other ADR techniques in addition to arbitration. The report provides digests of significant court decisions and expert commentary on legal issues in key areas of practice, including international arbitration. It also covers new legislation, rules and procedures. This publication was designed for all those who need to track worldwide developments in ADR. Each year ADR's integral presence in our legal and business lives becomes more apparent and persuasive. In capturing these developments and providing commentary, ADR & the Law creates a one- stop reliable source for practitioners and scholars.

Table of Contents

Part I. DOMESTIC ALTERNATIVE DISPUTE RESOLUTION

Chapter 1. Supreme Court Developments Case Digests

Chapter 2.Employment and Labor

Commentary

The Costs of Resolving Employment Disputes through Arbitration: Are Arbitration Agreements that Require Employees to Share Costs Enforceable?

Merrick T. Rossein

Chapter 3

.

Consumer and Class Arbitration

Case Digests

Commentary

What “Erin Brockovich” Failed to Tell You about the Realities of Class Action Litigation

Geoffrey E. Farmer

Consolidation, Joinder and Class Actions: What Arbitrators

May

and May Not Do

Richard Feydel

Chapter 4. Health Care
Case Digests
Commentary
A Dose of ADR for the Health Care Industry
John W. Cooley

Chapter 5. Construction

Case Digests

Chapter 6. Commercial
Case Digests

Chapter 7. Securities

Case Digests

Chapter 8. The FAA and Arbitration Procedure
Case Digests
The Federal Arbitration Act: Easing Its Restrictions on the Enforcement of Third-Party Subpoenas in Arbitration

Chapter 9. Approaches to Conflict
Commentary
Cultural Individualism, Collectivism and Conflict Resolution Preferences
Jennifer L. Schulz
Appropriate Conflict Management: Towards a Meta-Process
Brett Peter Linn

Chapter 10. Domestic Alternative Dispute Resolution Legislation, Regulations, Rules of Court, and Rules of Professional Responsibility
Federal Developments
State Developments
California
Colorado
Florida
Idaho
Michigan
Minnesota
Ohio
Oklahoma
South Carolina
Virginia
Utah
Washington
Selected ABA Model Rules of Professional Conduct—Rules 1.12, 2.4 and 5.5

Part II. INTERNATIONAL ALTERNATWE DISPUTE RESOLUTION

Chapter 11. International Alternative Dispute Resolution Developments
Case Digests
Commentary
Tiered ADR Clauses in International Transactions: An Approach toEnforceability
Dyalel Jiménez Figueres
Some Thoughts About Costs in International Arbitration
Marc J.Goldstein
Dispute Resolution in the World Trade Organization: Reducing the Power Imbalance through Cross-Sector Retaliation
Miral Alena Sigurani
The UNCITRAL Model Law on International Commercial Conciliation and Its Possible Adoption in Mexico
Claus von Wobester
Your Majesty-Your Honor: King Louis IX of France. the "Arbitrer of Europe"
Seven Goldburd

Chapter 12. International Alternative Dispute Resoulution Legislation. Procedures and Model Laws
UNCITRAL Model Law on International Commericial Conciliation (2002)
Inter-American Commercial Arbitration Commission Rules of Procedure (as amended in 2002)
IACAC’s Internal Administrative Procedures Thailand Arbitration Act (2002)
Bulgaria’s Law on International Commercial Arbitration (as amended in 2002)

Part III. AMERICAN ARBITRATION ASSOCIATION RULES, PROCEDURES, ETHICAL RULES AND PROTOCOLS

Chapter 13. American Arbitration Association Rules and Procedures

Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)

Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)

Dispute Review Board Guide Specifications and Schedules

International Dispute Resolution Procedures (Including Mediation and Arbitration Rules)

Labor Arbitration Rules (Including Expedited Labor Arbitration Rules)

National Rules for the Resolution of Employment Disputes (Including Mediation and Arbitration Rules)

Supplementary Procedures for Consumer-Related Disputes

Supplementary Procedures for Online Arbitration

Supplementary Procedures for the Resolution of Intra-Industry

U.S. Reinsurance and Insurance Disputes

Supplementary Rules for Class Arbitrations

Chapter 14. Due Process Protocols
Consumer Due Process Protocol
A Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising Out of the Employment Relationship

APPENDICES
American Arbitration Association Offices
Information on the Fordham International Law Journal and the Fordham Urban Law Journal
General Index

The America 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.