NCJ Number
99603
Date Published
1985
Length
169 pages
Annotation
This book explains the benefits and techniques of alternative dispute settlement (minitrial, mediation, arbitration, and negotiation) in resolving a wide range of consumer, employee, environmental, and international business disputes.
Abstract
Business executives can use their skills of negotiation and compromise to implement alternative dispute resolution (ADR) schemes to resolve legal disputes that have traditionally been consigned to costly and time-consuming litigation. One ADR technique described is the minitrial, which puts a time limit on pretrial preparation and provides for each disputant to present arguments before executives empowered to settle the dispute. Examples of the successful use of the minitrial in business disputes include the resolution of Telecredit's complaint that TRW had been infringing on its patents. The authors view mediation as potentially the most powerful means of resolving business disputes. Under this scheme, a mediator facilitates the parties' reaching a workable compromise that is mutually beneficial. Other ADR techniques discussed are arbitration and negotiation. The book also considers the management of existing discovery and litigation before trial, shortcuts in court proceedings, and multiparty collaboration to establish nonjudicial institutions to resolve disputes that embrace entire industries. The appendixes contain a model minitrial agreement for business disputes, dispute resolution contract clauses, an arbitration clause, the IBM-Hitachi arbitration procedure, a sample litigation budget, and a corporate policy statement (ADR pledge). Eight reading suggestions are provided along with a subject index.