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A Practitioner’s Guide to ADR and Dispute Resolution Clauses

A Practitioner’s Guide to ADR and Dispute Resolution Clauses

Author: Perova, Natalia; Peter Fields
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414109438
Published In: September 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$420.00

AU$407.40 Save AU$12.60 (3%)

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Description
Contents

Details

In the complex world of commercial transactions, disputes are inevitable. A Practical Guide to Effective Dispute Resolution is a guide to navigating these challenges with confidence and precision.

The aim of this book is to provide practical insights into how to mitigate the economic impact of disputes and the hidden costs of litigation. This includes understanding why disputes escalate and how traditional litigation can polarise a dispute and end up destroying business relationships. The focus is on the active consideration of alternative methods that can save time, reduce costs, and preserve partnerships. The emphasis is on effective, rather than alternative, dispute resolution.

The book provides comprehensive coverage of:

Drafting robust dispute resolution clauses to pre-emptively manage conflicts.
Non-binding methods: negotiation, mediation, and early neutral evaluation.
Binding methods: expert determination, arbitration, and litigation.
Hybrid approaches: blended strategies that combine the best of all methods.

and innovative perspectives on:
- The evolution and effectiveness of online dispute resolution and remote hearings.
- The development and future impact of AI in dispute resolution.
- The psychology of dispute resolution and the importance of the human factor in effective dispute resolution.
- Practical tips for in-house counsel and international lawyers to resolve disputes efficiently across jurisdictions.
Whether you are a seasoned dispute resolution lawyer, an in-house legal adviser, or a business manager involved in a dispute, this book offers valuable tools and strategies to achieve optimal outcomes. Drawing on the latest trends and real-world examples, A Practical Guide to Effective Dispute Resolution serves as a comprehensive guide to mastering the art of commercial dispute management to deliver the most effective outcome.