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Alternative Dispute Resolution: Secondary Sources

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TEXTS AND TREATISES

The Law Library and ASU Libraries own a number of treatises on alternative dispute resolution. You can search for other resources in the ASU catalog by using subject headings such as:  Dispute Resolution LawArbitration and Award, and Mediation. Note that on the left side of the screen you can limit to “full text online” or “law library” (for our print treatises.)

There are also a number of Alternative Dispute Resolution Texts and Treatises on Westlaw (Westlaw password required).

Alternative Dispute Resolution in a Nutshell (Jacqueline M. Nolan-Haley, 2013)
Overview of procedures, ethical considerations, and legal issues surrounding arbitration, negotiation, mediation, and other ADR methods. Also available on West Academic (available on campus or remotely with password).

Arbitration Law in a Nutshell  (Thomas E. Carbonneau, 2017)‚Äč
Summarizing legal issues in the field including those arising under the Federal Arbitration Act, enforcement of arbitration agreements, and enforcement of arbitration awards. Also available on West Academic (available on campus or remotely with password).

Becoming a Mediator (Peter Lovenheim & Emily Doskow, 2004)
Information and resources for aspiring third-party neutrals.

Examples and Explanations: Dispute Resolution (Michael L. Moffitt, 2014)
Examines the ADR methods and their interactions with the court system, emphasizing legal issues involving ethical duties, confidentiality, contractual agreements to use ADR, and preemption. Also available on Wolters Kluwer (available on campus or remotely with password).

Global Issues in Mediation (login required) (Jacqueline Nolan-Haley et. al, 2019)
Provides overviews of mediation and how it can facilitate peaceful, satisfying resolution of international conflicts in a cost-efficient way.

Handbook on Arbitration Practice (American Arbitration Association, 2010)
Practice advice and academic analysis of the arbitration process. Discusses keeping arbitration accessible and efficient, selecting an arbitrator, how to chair an arbitration, arbitral procedure, ethics, and reviews of arbitral awards.

Handbook on Commercial Arbitration (American Arbitration Association, 2010)
Emphasizes commercial and business arbitration, including drafting contractual arbitration clauses, ethics standards specific to commercial arbitrators, advice for successful arbitration, and interactions with the court system.

Handbook on Mediation (American Arbitration Association, 2016) 
A series of articles introducing mediation and its emotional complexities, and providing handy do's and don'ts for mediators when dealing with parties and their attorneys to forge satisfactory solutions ethically.

The Law and Practice of United States Arbitration (Thomas E. Carbonneau, 2018)
Explains the basics of arbitration and its legal framework, and analyzes points of tension between arbitration and the law, such as federalism and freedom of contract. Previous editions also explore the topic of international commercial arbitration.

Labor and Employment Arbitration Law in a Nutshell (Dennis R. Nolan & Richard A. Bales, 2017)
Hornbook providing detailed information on arbitration in the employment context, including arbitrators’ relationship with the National Labor Relations Board and the courts and the subject matter of labor arbitrations. Features forms and text of relevant rules. Also available from West Academic (available on campus or remotely with password).

Legal Negotiation in a Nutshell (Larry L. Teply, 2016)
Negotiation skills are central to an attorney’s effectiveness and reputation, and this resource provides advice on best practices when promoting a client’s interests. Also available on West Academic (available on campus or remotely with password).

Mediation in a Nutshell (Kimberlee K. Kovach, 2014)
Summarizing the mediation process, with a focus on legal issues such as confidentiality, the duty to mediate, and ethical concerns. Also available on West Academic (available on campus or remotely with password).

Mediation: Principles and Practice (Kimberlee K. Kovach, 2004)
A guide for third-party neutrals on facilitating discussion between parties to a dispute, from preparation and the mediator’s introduction to the conclusion and follow-up. Also provides details on ethical considerations and best practices for mediators.

The Mediation Process: Practical Strategies for Resolving Conflict (Christopher W. Moore, 2014)
Introducing the concept of neutral facilitation of parties' discussion, helping mediators set and stick to an agenda, while also providing anticipatory solutions to problems that will arise, particularly when many parties are involved.

Principles of Alternative Dispute Resolution (Stephen J. Ware, 2007)
Provides a concise overview of issues involved in non-litigation dispute resolution. Discusses the processes and the legal issues that give rise to ADR proceedings and judicial review of resolution agreements. Also available on West Academic (available on campus or remotely with password).

Principles of Arbitration Law (Stephen J. Ware & Ariana R. Levinson, 2017) (available on West Academic on campus or with password)
A hornbook summarizing the field, introducing the legal framework, discussing contractual arbitration clauses, and introducing other alternative dispute resolution measures.

JOURNALS

The journal listed below are accessible via HeinOnline (available on campus and remotely ith ASURITE):

American Journal of Mediation
Academic commentary on the development of mediator-facilitated dispute resolution in the U.S. and abroad.

Conflict Resolution Quarterly 
Practical advice for ADR practitioners and academic scholarship.

Cardozo Journal of Conflict Resolution
Discussions of adapting ADR techniques to meet the needs of diverse parties, academic policy discussions, and tips for practitioners.

Dispute Resolution Magazine
American Bar Association publication exploring contemporary challenges and opportunities in the ADR field.

Harvard Negotiation Law Review
Exploring legal issues within ADR, including ethics, and issues arising from mediation and arbitration in particular legal practice areas.

Journal of Dispute Resolution
Discussing domestic ADR issues linked to changing technology and social norms and worldwide developments in mediation and arbitration. 

McGill Journal of Dispute Resolution
Focusing on international and foreign ADR issues.

Ohio State Journal on Dispute Resolution
Exploring the personal and professional development of ADR practitioners and the parties to disputes.

Pepperdine Dispute Resolution Law Journal
Wide-ranging domestic academic commentary on ADR with a strong emphasis on international and foreign dispute resolution developments.

Resolved: Journal of Alternative Dispute Resolution
Emphasizing expansion of the ADR field and development of fair, ethical, inclusive practices.

WEB RESOURCES

National Conference of State Legislatures, Collective Bargaining and Labor Union Legislation Database
This database has state legislation and bills on collective bargaining issues, such as arbitration, mediation, and negotiation from 2011-present.

Uniform Law Commission
The Uniform Law Commission’s web site has the text of uniform laws with commentary, such as the Uniform Arbitration Act, Uniform Family Law Arbitration Act, and Uniform Mediation Act.