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The Client's Guide to Mediation and Arbitration: The Strategy for Winning |
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Mediation and arbitration can be a confusing and time-consuming process-especially when a client doesn't understand the basics. The concise guide is written for business executives involved in mediation and arbitration, and will provide them with the information they need to understand the role, if any, that mediation and arbitration will play in their company's strategy for winning business disputes.
Author Peter R. Silverman guides the reader through the intricacies of resolving disputes outside of litigation, discussing the various ADR provisions in contracts, the various tactics for mandatory negotiation, mandatory non-binding mediation and mandatory binding arbitration. From evaluating your settlement goals, picking a mediator, to the mediation itself, this expert guides the reader through the options and strategies to a successful arbitration. Additionally, Silverman reveals his strategies for mediation, including picking a mediator, crafting a mediation statement, and the mediation process itself. Finally the book includes an appendix containing sample arbitration and mediation clauses, the American Arbitration Association Clauses and J.A.M.S. Clauses.
This book will give business executives the tools they need for their business to "win" through mediation and arbitration. It will help them to decide whether their company should have an ADR clause in its contracts and, if so, the appropriate provisions to include in the clause, and provide them with a more sophisticated understanding of mediation and arbitration to devise the strategy -- consistent with their company's business interests and values and with an objective view of the dispute -- to win through mediation or arbitration.
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"Executives at every level can learn how to reduce stress and expense by implementing the suggestions contained in this fine book."
Rick Kerger, Kerger & Associates
"Direct, straight-forward advice from a professional who is both a businessman and attorney. It will surely help the business person understand the pros and cons of their choices when it comes to dispute resolution."
--James G. Noll, Vice President, American Arbitration Association
"Here is a sensible guide, loaded with information that should be read by business people and attorneys before bad stuff happens. It intelligently lays out the pros and cons of each method: mediation and arbitration, and all the gradations in between."
--Bruce S. Schaeffer, Franchise Valuations, Ltd.
"At last, a book that clearly and succinctly explains the alternative dispute resolution options. This is a must read for any transactional lawyer that wants to understand the tools available and the rationale for selecting each."
--Greg Vignos, Partner, Paul, Hastings, Janofsky & Walker, LLP
"..a real service to the business community and thereby to the Bar that serves it. He provides insights which will have escaped almost all lawyers and businesspersons. His insights are real gems."
--Allan P. Hillman, Partner, Shipman & Goodwin, LLP
"Silverman's book helps business executives understand and think through the best strategic way to resolve disputes. I recommend it highly to any business executive."
--George Chapman, President, Health Care REIT, Inc.
"This quick read gives the on-the-go business executive a succinct understanding of the role mediation and arbitration can play in a company's strategy for winning business disputes and concluding deals."
--Eugene T.W. Sanders, Ph.D, Superintendent, Cleveland Public Schools
"A clear, concise, and knowledgeable assessment of ADR options available, and how to best tailor them to your unique business situation."
--Ken Smith, President, Escape Enterprises
"He addresses complex issues in a readily understandable format and offers helpful recommendations on how to resolve "close call" strategy issues. In addition, he provides helpful drafting tips for dispute resolution clauses in contracts."
--C. Edward Dobbs, Parker, Hudson, Rainer & Dobbs LLP
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