Whether the ‘A’ stands for ‘appropriate’, ‘amicable’, or ‘alternative’, all
out of court dispute resolution modes, collected under the banner term ‘ADR’ ,
aim to assist the business world in overcoming relational differences in a
truly manageable way.
The first edition of this book (2006) contributed to a global awareness that
ADR is important in its own right, and not simply as a substitute for
litigation or arbitration. Now, drawing on a wealth of new sources and
developments, including the flourishing of hybrid forms of ADR, the subject
matter has been largely augmented and expanded on two fronts: in-depth
analysis (both descriptive and comparative) of methodology, expectations and
outcomes and extended geographical coverage across all continents.
As a result, in this book twenty-nine ‘intertwined but variegated’ essays (to
use the editor’s characterization) provide substantial insight in such
specific topics as:
• ADR’s flexible procedures as controlled by the parties;
• ADR’s facilitation of the continuation of relations between the parties;
• privilege and confidentiality;
• involvement of non-legal professionals;
• the identity and the role of the ‘neutral’ as well as the role of the
arbitrator;
• the implementation of ICC and other international ADR rules;
• the workings of Dispute Boards and
• the role of ADR in securing investment and other specific objectives.
In its compound thesis – growing in relevance every day – that numerous
dispute resolution methods exist whose goals and developments are varied but
fundamentally complementary, the multifaceted approach presented here is of
immeasurable value to any business party, particularly at the international
level. Practitioners faced with drafting a dispute resolution clause in a
contract, or dealing with a dispute that has arisen, will find expert guidance
here, and academics will expand their awareness of the issues raised by ADR,
in particular as it relates to arbitration. A broad cross section of
interested professionals will discover ample material for comparative study of
how disputes are approached and resolved in numerous countries and cultures.
Editor's Preface Part I When Business Meets Conflict Chapter 1 ADR and
Arbitration Chapter 2 Reasons for Choosing Alternative Dispute
Resolution Chapter 3 Making Mediation Mainstream Appendix: An
International Mediator Perspective Chapter 4 Mediation as Management
Tool in Corporate Governance Chapter 5 Moving beyond ‘Just’ a Deal, a
Bad Deal or No Deal Bibliography Part II Amicable Dispute Resolution on the
Judicial Map and Its Legal, Institutional and Functional Framework Chapter 6
The Importance of Context in Comparing the Worldwide Institutionalization of
Court-Connected Mediation Chapter 7 The Roles of Dispute Settlement and
ODR Chapter 8 Legal Issues Raised by ADR Chapter 9 Mediation
Privilege and Confidentiality and the EU Directive Chapter 10 Basic
Business Issues of Mediation Centres Chapter 11 ADR under the ICC ADR
Rules Chapter 12 ICC's ADR Rules 2001–2010: Current Practices, Case
Examples and Lessons Learned Part III Practice and Experiences Chapter 13
How International Law Firms Might Approach the Subject of ADR with Their
Clients Chapter 14 Mediation Representation: Representing Clients
Anywhere Chapter 15 The Art of Blending Arbitration and Other ADR Methods:
Some Examples from International Practice Chapter 16 Profile of the
Neutral in International Business Part IV Hybrids and Dispute Boards
Chapter 17 Appropriate Dispute Resolution (ADR): The Spectrum of Hybrid
Techniques Available to the Parties Chapter 18 Combinations and
Permutations of Arbitration and Mediation: Issues and Solutions Chapter 19
ICC Dispute Board Rules: Status and Perspectives of a Key Contribution to the
Prevention of Disputes Part V Amicable Dispute Resolution Worldwide Chapter
20 The Bi-modal Pattern of Mediation in the United States and Canada
Chapter 21 ADR in Australia Chapter 22 Securing Investment:
Innovative Business Strategies for Conflict Management in Latin America
Chapter 23 Recent Developments in Mediation in East Asia Chapter 24
The Arab World Chapter 25 Alternative Dispute Resolution in Turkey
Chapter 26 Amicable Dispute Resolution in South Africa Chapter 27
Amicable Dispute Resolution: The Nigerian Experience Chapter 28 ADR in
Sub-Saharan African Countries Chapter 29 The European Mediation
Directive: More Questions Than Answers
"This is a useful book and speaking as practitioners who have mediated
commercial disputes for the last 20 years, not only did it provide a
comprehensive re-stating of the reasons for using mediation, it also provided
an informative insight into the development of mediation in other
jurisdictions. As national boundaries become more blurred and trading becomes
more international an understanding of the availability of consensual dispute
resolution processes and their use in other countries is going to become more
and more important. Whilst not a light read, this is a book that repays time
spent digesting its contents for anyone involved in the field of dispute
resolution."
Jonathan Lloyd-Jones and David Miles, June 2011