- Lee Ducat
These references supplement the Knowledge Base Essay, Alternative Dispute Resolution (ADR).
Additional Explanations of the Underlying Concepts:
Online (Web) Sources
Continuum of Dispute Resolution Process. Bickerman Dispute Resolution Group, PLLC.
Available at: http://www.bickerman.com/chart.shtml
This site has an interactive continuum graph that lists and defines dispute resolution processes including negotiation, fact-finding, mediation, arbitration, mini-trial, and court adjudication.
Krivis, Jeffrey. Desktop Guide to Alternative Dispute Resolution.
Available at: http://www.firstmediation.com/desktopguide/index.htm
This guide provides clear and concise definitions of the following dispute resolution terms and procedures: mediation, negotiation, arbitration, mini-trial, litigation, confidential listener, the language of ADR, voluntary settlement, dispute management model, and hybrid/combined procedure.
"History of Alternative Dispute Resolution." ,
Available at: http://www.mediation.com/HTML/history.html
This piece provides a brief explanation of arbitration and mediation and the historical trajectory of their use for resolving disputes.
"Manual of Dispute Resolution: ADR Law and Practice - Book Summary." University of Colorado: Conflict Research Consortium.
Available at: Link
This summary outlines Edward A. Dauer's, Manual of Dispute Resolution: ADR Law and Practice. This work is intended to provide ADR practitioners with a broad and accessible treatment of the law and the practice of alternative dispute resolution. (Newer 2002 edition also in print.)
Morris, Catherine. Ways of Addressing Conflicts or Processing Disputes. Peacemakers Trust.
Available at: http://www.peacemakers.ca/publications/ADRdefinitions.html#ways
This site offers a brief description of Alternative Dispute Resolution (ADR) and defines specific ADR processes including, negotiation, mediation, conciliation, arbitration, and peacebuilding.
Grant, Leslie. "What is Arbitration?." ,
Available at: http://www.mediate.com/articles/grant.cfm
This article outlines the general principles of arbitration, the different types of arbitration and the advantages it has over other kinds of conflict resolution processes. Arbitration is one of the major types of ADR.
Offline (Print) Sources
Ware, Stephen J. Alternative Dispute Resolution. West Wadsworth, February 1, 2001.
"Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and case law accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine." - Editorial Review
Atlas, Nancy F., Steven K. Huber and E. Wendy Trachte-Huber, eds. Alternative Dispute Resolution: The Litigator's Handbook. American Bar Association Publishing, February 1, 2000.
This work, written for litigators, is a guide to the variety of practices that make up alternative dispute resolution and the issues that surround them. The book was written by experienced trial lawyers and third-party neutrals and thus provides the reader with the information needed to evaluate each technique and successfully apply them to their cases, when appropriate.
Burton, John W. "Conflict Resolution as a political philosophy." In Conflict Resolution Theory and Practice: Integration and Application. Edited by der Merwe, Hugo van and Dennis J.D. Sandole, eds. Manchester and New York: Manchester University Press, 1993.
The author looks at new techniques have that been developed in dispute managment in recent years. Conflict resolution has not received as much attention though. It is capable of dealing with both domestic and international conflicts, as well as in operating in different economic and political systems. But these are not the main tasks of conflict resolution. The major promise of it is conflict provention. Both goals promote conditions for peaceful transformation of the societies toward social harmony. Primary Link
Costello, Edward J. Controlling Conflict: Alternative Dispute Resolution for Business. Chicago: CCH, 1996.
This is a straight-forward description of ways in which mediation, arbitration, and other forms of ADR can be used to help resolve business disputes.
Yarn, Douglas H. "Definition of Alternative Dispute Resolution." In Dictionary of Conflict Resolution. San Francisco, CA: Jossey-Bass, September 1, 1999. Pages: 17-19.
This excerpt of the Dictionary of Conflict Resolution provides a discussion of the various ways to define and conceive of alternative dispute resolution (ADR).
Burgess, Heidi and Guy M. Burgess. "Discussion of Alternative Dispute Resolution (ADR)." In Encyclopedia of Conflict Resolution. ABC-Clio, November 1997. Pages: 8-13.
This excerpt of the Encyclopedia of Conflict Resolution presents a clear, straightforward discussion of the history and key characteristics of alternative dispute resolution. Included are sections on barriers to the use of ADR, ethical issues, and institutionalization of ADR processes.
Goldberg, Stephen B., Nancy H. Rogers and Frank E.A. Sander. Dispute Resolution: Negotiation, Mediation and other Processes, 3rd Edition. Aspen, CO: Aspen Publishers, Inc., June 1999.
This 3rd edition of Dispute Resolution: Negotiation, Mediation, and Other Processes gives an overview of dispute resolution processes, looks at dispute resolution and the justice system, and examines the future of ADR. The work is comprised of excerpts from a large number of key works in the dispute resolution field.
Patterson, Susan and Grant Seabolt. Essentials of Alternative Dispute Resolution. Pearson Publications Company, March 1, 1997.
This book covers major aspects of ADR including ADR vs. litigation, negotiation, mediation, arbitration, and as well as trial-like ADR, ethics of ADR, and the future of ADR.
Dauer, Edward A. Manual of Dispute Resolution: ADR Law and Practice, Vol. 1. Colorado Springs, CO: McGraw-Hill, Inc., May 1994.
Manual of Dispute Resolution: ADR Law and Practice provides "the practitioner with a broad and accessible treatment of the law and the practice of dispute resolution. Its principal subject matter is alternative dispute resolution (ADR), a term that covers a large variety of procedures useful for resolving clients' problems within the law. The manual's primary focus is on the representation of clients through the use of those procedures.... [This is ] a guide to the selection of the process, to the representation of clients within the chosen process, and to the most common and practical legal considerations that may be encountered along the way" (Dauer, 1994, pp. 1-1--1-2). (Newer 2000 edition also in print.) Primary Link
Examples Illustrating this Topic:
Online (Web) Sources
Available at: http://www.resolv.org/articles/princ.htm
This article describes some of the basic principles of consensus-building as a method of dispute resolution.
Krikorian, Adrienne L. Litigate Or Mediate?: Mediation As An Alternative To Lawsuits. Mediate.com.
Available at: http://www.mediate.com/articles/krikorian.cfm
This article answers a few questions about mediation: What is mediation?; Who can mediate a case?; Should I mediate or litigate my case?; Will the court make me mediate?; How do I start the mediation process?; What if mediation does not settle my case?; and What is the secret to a successful mediation?
Offline (Print) Sources
Dunlop, John Thomas and Arnold M. Zack. Mediation and Arbitration of Employment Disputes. San Francisco: Jossey-Bass Publishers, January 1, 1997.
This book examines the process of arbitration in the workplace. It also outlines a plan for initiating mediation and arbitration in a dispute resolution system.