Alternative Dispute Resolution (ADR) has always been a field of interest for me b/c of it’s collaborative elements. In high school, a social studies teacher introduced this concept by having us play an educational game called “Diplomacy,” which was mix of Risk, Monopoly, and Survivor (alliances) rolled into one. Learning to work with your adversary was the key take away for me at that early stage in my development. Then in college and law school, I took practical negotiation courses, which stressed principled negotiation and championed expanding the pie between adversaries so both could walk away with something satisfying.
In today’s economic climate, avoiding litigation is proving to be a major cost saver. Businesses seek to minimize their risks and costs, so law firms and lawyers are finding an expanded pie in the market for those skilled in ADR. The ABA Journal quotes that “data from the AAA shows the organization’s 2008 case filings rose to 138,447 up 8.4 percent from a year earlier.” This trend, however, may be curtailed by the passing of the Arbitration Fairness Act of 2009, which has the potential to invalidate contracts requiring employees to undergo arbitration prior to any disputes.
- ADR Attorneys group on Martindale Hubbell Connected
- Review Your Contracts & Website Terms – Largest Arbitration Companies Exiting Consumer Arbitrations
- Arbitration Update: More on Judicial Review of Arbitration Awards
- 2008 Emerging Issues 1516 – NELA and Goodman on Compulsory Arbitration
- 2008 Emerging Issues 1149 – Whether Rules Should be Applied by the Issuing Arbitral Institution
- 2008 Emerging Issues 1286 Mason on Reasoned Awards or Preliminary Decisions in International Arbitration
- 2008 Emerging Issues 1770 – Mason on Unclear Arbitration Clauses Leading to Unwanted Court Interventions
- 2008 Emerging Issues 2386 – Mason on Arbitration Clauses in Related Sets of Contracts
- ABA Journal collection of blogs about ADR
- HR 1020 – Arbitration Fairness Act of 2009 – Open Congress Site
- Link to Job Search on Martindale Hubbell Career Center using term: “alternative dispute resolution”
Post your thoughts on ADR in the Professional Development forum on Connected.