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ADR in Business: Practice and Issues Across Countries and Cultures (Volume II)

ADR in Business: Practice and Issues Across Countries and Cultures (Volume II)

Author: Arnold Ingen-Housz
Publisher: Kluwer Law International
ISBN: 9789041134141
Published In: January 2011
Format: Hardback , 688 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Whether the ‘A’ stands for ‘appropriate’, ‘amicable’, or ‘alternative’, all out of court dispute resolution modes, collected under the banner term ‘ADR’ , aim to assist the business world in overcoming relational differences in a truly manageable way.

The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents.

As a result, in this book twenty-nine ‘intertwined but variegated’ essays (to use the editor’s characterization) provide substantial insight in such specific topics as:

• ADR’s flexible procedures as controlled by the parties;

• ADR’s facilitation of the continuation of relations between the parties;

• privilege and confidentiality;

• involvement of non-legal professionals;

• the identity and the role of the ‘neutral’ as well as the role of the arbitrator;

• the implementation of ICC and other international ADR rules;

• the workings of Dispute Boards and

• the role of ADR in securing investment and other specific objectives.

In its compound thesis – growing in relevance every day – that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Part I When Business Meets Conflict Chapter 1 ADR and ArbitrationChapter 2 Reasons for Choosing Alternative Dispute Resolution Chapter 3 Making Mediation Mainstream Appendix: An International Mediator Perspective Chapter 4 Mediation as Management Tool in Corporate Governance Chapter 5 Moving beyond ‘Just’ a Deal, a Bad Deal or No Deal Bibliography Part II Amicable Dispute Resolution on the Judicial Map and Its Legal, Institutional and Functional Framework Chapter 6 The Importance of Context in Comparing the Worldwide Institutionalization of Court-Connected Mediation Chapter 7The Roles of Dispute Settlement and ODR Chapter 8 Legal Issues Raised by ADR Chapter 9 Mediation Privilege and Confidentiality and the EU Directive Chapter 10 Basic Business Issues of Mediation Centres Chapter 11 ADR under the ICC ADR Rules Chapter 12 ICC's ADR Rules 2001–2010: Current Practices, Case Examples and Lessons Learned Part III Practice and Experiences Chapter 13 How International Law Firms Might Approach the Subject of ADR with Their Clients Chapter 14 Mediation Representation: Representing Clients Anywhere Chapter 15 The Art of Blending Arbitration and Other ADR Methods: Some Examples from International Practice Chapter 16 Profile of the Neutral in International Business Part IV Hybrids and Dispute Boards Chapter 17 Appropriate Dispute Resolution (ADR): The Spectrum of Hybrid Techniques Available to the Parties Chapter 18Combinations and Permutations of Arbitration and Mediation: Issues and Solutions Chapter 19 ICC Dispute Board Rules: Status and Perspectives of a Key Contribution to the Prevention of Disputes Part V Amicable Dispute Resolution Worldwide Chapter 20 The Bi-modal Pattern of Mediation in the United States and Canada Chapter 21 ADR in AustraliaChapter 22 Securing Investment: Innovative Business Strategies for Conflict Management in Latin America Chapter 23 Recent Developments in Mediation in East Asia Chapter 24 The Arab World Chapter 25 Alternative Dispute Resolution in Turkey Chapter 26 Amicable Dispute Resolution in South Africa Chapter 27 Amicable Dispute Resolution: The Nigerian Experience Chapter 28 ADR in Sub-Saharan African Countries Chapter 29 The European Mediation Directive: More Questions Than Answers