Alternative Dispute Resolution
As the number of cases filed each year has increased and court resources are stretched further and further, parties are turning to solutions outside the traditional judicial system as a faster, simpler solution to resolving a dispute. Alternative Dispute Resolution (ADR) is a series of processes that seek to solve disputes among individuals without resorting to complex, time consuming and expensive litigation. While various forms of non-judicial dispute resolution practices have existed for centuries, ADR has become drastically more popular in the United States and internationally over the last fifty years. Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Federal Arbitration Act, 9 U.S.C. §§ 1-307
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention of 1958)
Inter-American Convention on International Commercial Arbitration (Panama Convention of 1975)
Model Uniform Arbitration Act (drafted by the Uniform Law Commission)
Model Uniform Mediation Act (drafted by the Uniform Law Commission)
Regulations and Procedures
Center Research Publications
States’ Alternative Dispute Resolution (ADR) Statutes (Rumley, 2009)
Agricultural Law Bibliography
Legal publications on Alternative Dispute Resolution:
ADR Posts (Ag & Food Law Blog)
Trade Rules (National Grain & Feed Ass’n)
International Commercial Arbitration Resources (U. of Chicago Law School)
ADR Training Guides
Basic Mediation Training Trainer’s Manual (Mediation@MIT)
The NGFA Arbitration System at Work (Bernstein, 2007)
Mediating Land Use Cases (Forester)
Recommended Readings and Publications (not freely available electronically):
AAA Handbook on Mediation, Thomas E. Carbonneau and Jeannette A. Jaeggi (JurisNet 2010).
AAA Handbook on International Arbitration & ADR, Thomas E. Carbonneau and Jeannette A. Jaeggi (JurisNet 2010).
Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation, Jay Folberg and Alison Taylor (Jossey-Bass Publishers, 1984).
ADR & the Law (JurisNet, 22nd ed. 2008).
Alternative Dispute Resolution Practice Guide, Bette J. Roth, et al., eds (Lawyers Cooperative Publishing Co.).
Basic Skills for the New Arbitrator, Allan H. Goodman (Solomon Publications, 2004).
Conflict Resolution: Theory, Research, and Practice, James Schellenberg (State U. of NY Press, 1996).
Court-Annexed Mediation: Critical Perspectives on Selected State and Federal Programs, Edward J. Bergman and John C. Bickerman (Pike & Fischer, Inc., 1998).
Dispute Resolution, Stephen Goldberg, et al. (Little, Brown and Company, 2007).
Environmental Mediation (The Foothills Case) in Resolving Environmental Regulatory Disputes, Heidi Burgess (Schenkman Books, 1983).
Federal Arbitration Law: Agreements, Awards, and Remedies Under the Federal Arbitration Act, Ian R. Macneil, et al. (Little, Brown and Company, 1994).
International Arbitration in the 21st Century: Towards Judicialization and Uniformity? The Twelfth Sokol Colloquium, Richard B. Lillich and Charles Brower, eds. (Transnational Publishers, 1992).
International Commercial Arbitration, Gary B. Born (Kluwer Law & Taxation Publishers, 2009)
Mediation of Environmental Disputes: A Source Book, Scott Mernitz (Praeger Publishers, 1980).
Resolving Environmental Regulatory Disputes, Lawrence Susskind, et al. (Schenkman Books, 1983).
The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization, Barbara Ashley Phillips (Jossey-Bass, 2001).
The Mediation Process: Practical Strategies for Resolving Conflict, Christopher W. Moore (2nd ed., Jossey-Bass 2003).
The Mediator’s Handbook, Jennifer E. Beer & Eileen Stief (New Society Publishers, 2012).
The Negotiation Process: Theories and Applications, I. William Zartman (Sage Publications, 1978).
Mediator Communication Competencies: Problem Solving and Transformative Practices, William D. Kimsey, et al. (Pearson Custom Publishing, 2005).
The Politics of Environmental Mediation, Douglas J. Amy (Columbia University Press, 1987).
UNCITRAL Model Law of International Commercial Arbitration: A Documentary History, Igor I. Kavass and Arno Liivak (The Institute for International Legal Information, William S. Hein, 1985).