Guides: ADR & Mediation Treatises: Introduction

Introductory Resources

Alternative Dispute Resolution in a Nutshell by Jacqueline Nolan-Haley
Call Number: Reading Room Study Aids KF9084.Z9 N65
This nutshell provides an overview of alternative dispute resolution options, including coverage of negotiation, mediation, arbitration, and hybrid dispute resolution procedures. Alternative Dispute Resolution in a Nutshell is also available online via West Academic Study Aids.
Legal Negotiation in a Nutshell by Larry L. Teply
Call Number: Reading Room Study Aids KF9084.Z9 T46
This guide follows the entire legal negotiation process from opening negotiations through final settlement. It covers the basic types of legal negotiations, case evaluation and preparation, the stages of legal negotiation, and negotiation styles and strategies. In addition, it spends some time discussing the types of legal disputes that should not be negotiated. Legal Negotiation in a Nutshell is also available online via West Academic Study Aids.

How Arbitration Works by Elkouri & Elkouri
This classic work in the field of ADR addresses the workings of labor-management arbitration and the full range of questions and problems that confront parties and arbitrators. It also discusses relevant laws and their impact on dispute resolution, collective bargaining, and related issues.
Domke on Commercial Arbitration
This treatise covers both domestic and foreign commercial arbitration. It includes references to federal statutes, case law, and arbitration rules, as well as forms, checklists, illustrated examples, procedural outlines, and other practice tips.
Mediation: Law, Policy, Practice by Sarah R. Cole, Craig A. McEwen & Nancy H. Rogers
This treatise is designed to be used by judges, legislators, and practicing attorneys involved in mediation. It reviews mediation law, including the identification of relevant cases and statutes in each state, and it analyzes some of the areas where various relevant legal doctrines have not yet been applied to mediation.

Federal Dispute Resolution by Jeffrey M. Senger
Call Number: KF5417 .S46
Publication Date: 2004
This treatise serves as a guide to using alternative dispute resolution in matters involving the federal government. Written by a senior counsel in the Office of Dispute Resolution at the U.S. Department of Justice, this handbook for practitioners includes information about the benefits of the ADR process, the laws and regulations that govern ADR, instructions on how to determine which disputes are best suited for the various types of ADR available, and guidance on how to prepare for and advocate effectively during ADR. Finally, it examines workplace and contracting disputes due to the prevalence of ADR in such areas, and addresses some special issues such as ADR program design, management, and training.
ADR and the Law by American Arbitration Association
Call Number: KF9085.A15 A5
The American Arbitration Association describes this treatise as its flagship publication. It is published annually, and each edition presents a review of the domestic and international ADR case law and legislation deemed to be the most influential each year, along with expert commentary. Its contents include court decisions, highlights of pending legislation, and new ADR rules and procedures.