Alternative Dispute Resolution (ADR) refers to a variety of methods that help parties resolve disputes by means other than litigation or trial. These methods include negotiation, mediation, and arbitration, among others.
Each method of dispute resolution is governed by its own rules. These rules exist at the federal, state, and local levels. Private agencies also promulgate rules. It is incumbent upon the student or practitioner to identify the rules that apply to their proceeding or case, whether it be an arbitration, mediation, negotiation, or another method of alternative dispute resolution.
Examples of pertinent rules and statutes include the following:
The Alternative Dispute Resolution Research Guide provides information about, and where possible, links to, the most popular and most-cited dispute resolution resources that Nebraska students, faculty, attorneys, and patrons have access to through the Marvin & Virginia Schmid Law Library. This research guide will assist in researching different areas associated with the broad field of ADR. It will highlight specific resources and give you starting points to begin your research. In addition, it will lead you to resources that help dig deeper into specific areas within ADR and develop a better understanding generally. The research guide is organized primarily by format, with each format tab containing items divided by topic. The "Print Resources" tab, for example, contains resources in both print and electronic, with separate pages on ADR generally, arbitration, mediation, and negotiations.
Importantly, this LibGuide is not intended to be exhaustive and will not include resources within all the subject areas of ADR. The Schmid Law Library has an extensive collection on Alternative Dispute Resolution that can be searched through the library's online catalog. If you need more assistance with your research, please contact a reference librarian at: lawref@unl.edu.
Nebraska Law offers several courses in ADR, such as Alternative Dispute Resolution, Mediation, Advocacy in Mediation, Family Mediation, Arbitration, and Negotiations.
These courses are taught primarily by Henry M. Grether, Jr., Professor of Law, Kristen Blankley.
Understanding Alternative Dispute Resolution by
Understanding Alternative Dispute Resolution provides a comprehensive overview of the field of Alternative Dispute Resolution ("ADR"). The use of ADR methods has grown rapidly and touches the practices of lawyers on a local, national, and international level. ADR has transformed the nature of the lawyers' practice and roles as client counselor, advocate, and neutral. The treatise covers the major ADR processes, including client counseling, negotiation, mediation, arbitration, and collaborative law and addresses legal, practical, and ethical aspects of each process. This title provides a framework for selecting the most appropriate dispute resolution process and will assist attorneys, law students, neutrals, and parties in conflict in effectively addressing, managing, and resolving disputes.
Getting to Yes by
The key text on problem-solving negotiation-updated and revised Getting to Yes has helped millions of people learn a better way to negotiate. One of the primary business texts of the modern era, it is based on the work of the Harvard Negotiation Project. This group deals with all levels of negotiation and conflict resolution. Getting to Yes offers a proven, step-by-step strategy for reaching mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straightforward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken.
Mediation Ethics: A Practitioner's Guide by
Mediation Ethics is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediation ethically. It takes a practical, concise, and coherent approach to mediation ethics to make lawyer-mediators aware of their ethical obligations while serving as mediators. Written by 15 leading mediation scholars, with special expertise in mediation ethics, each scholar contributes a chapter on a topic within his or her expertise. Each chapter provides a careful examination of a topic related to the practice of mediation and suggests ethical guidelines grounded in ethical theory, codes of conduct for mediators, and mediator ethics advisory committees' (MEAC) opinions. This book differs from and may supplement other available full-length books that cover mediation ethics. It focuses on specific ethical issues that arise in the mediation practice of lawyer-mediators. It addresses these issues in a developing order, from the beginning of the mediation to its end, enabling mediators to consult the topic relevant to them at any given point in time. It then provides concise ethical guidance through a diversified yet reasoned ethical approach grounded in ethical theory, codes of conduct for mediators, and ethics advisory opinions. The book's primary audience is lawyer mediators and mediators in general. It would also be useful to lawyers representing clients in mediation, administrative staff and mediators in ADR court programs, scholars and students in ADR academic programs, and mediator trainees and trainers.