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Alternative Dispute Resolution

A Guide to Selected Government Information Available at WIU's Government Publications Library


Web version of this guide includes links to web resources.


Federal Government Information

Alternative Dispute Resolution: A Resource Guide

This book focuses on the ADR programs and methods in different areas of employment, such as agriculture, education, or the postal service. A good tool for furthering research.
PM 1.8: R 31/2

Alternative Dispute Resolution Program

This guide has a lot of information and answers many questions. There is also a flow chart in the back detailing the ADR process.
Y3.EL 2/3: 2 R 31/2000

Guide to Judicial Management

This is a very thorough guide to ADR in the courtroom. Answers all kinds of questions about procedures and personnel; includes the Alternative Dispute Resolution Act of 1998, plus a summary of the act and a table of cases.
JU 13.8: J88/2

IADRWG

This website of the Interagency Alternative Dispute Resolution Working Group contains resources to assist federal agencies in developing ADR programs, including a listing of elements necessary for a successful mediation program.
http://www.usdoj.gov/adr/

Multicultural Implications of Restorative Justice

Although this is a book pertaining to restorative justice, it focuses on the issue of racism and explains how to achieve clear communication through multicultural boundaries in alternative dispute resolution. Cultural differences are a real problem, often overlooked in dispute mediation.
J 34.2: M 91

Legal Information

The Alternative Dispute Resolution Act of 1998: Implementing a New Paradigm of Justice

A lengthy article about interpreting and using ADR. Covers types of ADR and the 1998 ADR Act and its effective implementation.
New York University Law Review v. 76, no. 6, p 1768.

Civil Law, Procedure, and Private International Law: New Experiences of International Arbitration in the United States

This article examines the complex legal framework of international dispute resolution from the viewpoint of U.S. companies, including enforcing arbitration agreements and rules governing arbitral proceedings. 2006
American Journal of Comparative Law v.54, p.233

Tackling Employment Discrimination With ADR: Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-Nots?

The author advocates the use of mediation in employment discrimination disputes, even though the results are less positive (at least monetarily) than they would be with a full-blown civil trial. 2005
Berkeley Journal of Employment and Labor Law v.26, p.321

A Lawyer's Guide to Mandatory Arbitration in Illinois

This article shows how Illinois' mandatory arbitration program works with the Illinois Code of Civil Procedure and Supreme Court rules. Recent cases regarding the issue of attorney fees are examined.
Illinois Bar Journal. Vol. 86, No.10 pp. 550-555. October 1998

At the Crossroads: Alternative Dispute Resolution

This article explains how some people see ADR as a shortcut in mass tort cases, while others view it as a deprivation of due process. Mass tort ADR case law is examined and compared.
Labor Law Journal. Vol. 47. No. 9, p. 619 (1996)

ADR Practice Handbook

Everything a lawyer would need to know about ADR, with chapters focusing entirely on Illinois. This book is the collaboration of the state's leading experts in ADR, all writing on different issues pertaining to the subject. Many chapters focus on implementing ADR in various specific situations, such as business disputes or medical malpractice.
KF 9084.A6 A47 2001

Alternative Dispute Resoultion

This is a very thorough but still quite user-friendly guide to ADR.
KF 9084. W367 2001

Alternative Dispute Resolution in a Nutshell

A really great little book on ADR geared towards students. The appendices are definitely helpful, including such things as the Federal Rules for Civil Procedure and the Federal Arbitration Act of 1925, not to mention other useful references.
KF 9084.Z9 N65 1992

Vanishing Trials - What's the Fuss All About?

The author conducted a study showing the increasing use of ADR in bankruptcy proceedings. 2005
American Bankruptcy Law Journal v.79, p.973 - available through Lexis-Nexis Academic (WIU only)

Fusses that fit Online: Online Mediation in Non-Commercial Contexts

The author examines the influence of online communication to the ADR process and the emergence of for-profit online dispute resolution sites. 2006
Appalachian Journal of Law v.5, p.275 - available through Lexis-Nexis (WIU only)

The Bench Trial: a More Beneficial Alternative to Arbitration of Title VII Claims

The author argues that bench trials are more advantageous than arbitration, for both employers and employees. 2005
Chicago-Kent Law Review v.80, p.933

ADR's biggest Compromise

The author examines the history of ADR and its effect on the American legal system and, hence, its relationship to American democracy.
Drake Law Review v.54, p.751- available through Lexis-Nexis (WIU only)

The Next Generation of Medical Malpractice Dispute Resolution: Alternatives to Litigation

The author discusses need for increased use of ADR in light of rising malpractice insurance premiums. He also discusses different types of ADR available to med-mal claims. 2005
Georgia State University Law Review v.21, p.993- available through Lexis-Nexis (WIU only)


http://wiu.edu/libraries/govpubs/guides/alternativeDisputeResolution.php

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