Alternative Dispute Resolution

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 Law, Arbitration 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, 2021)
This concise volume provides an 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)​
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).

Effective Legal Negotiation and Settlement (Charles B. Craver, 2020)
This comprehensive guide to verbal and nonverbal communication in settlement negotiations details strategies for specific procedures, including information gathering, competition for value and closing the deal. It discusses strategies for improving your own position and attacking opponents’ positions; the impact of gender, ethnicity, and international negotiations; and ethics, including unconscionable tactics to avoid.

Examples and Explanations: Dispute Resolution (Michael L. Moffitt, 2019)
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.

Global Issues in Mediation (Jacqueline Nolan-Haley et. al, 2019) (available on West Academic on campus or with password)
Provides overviews of mediation and how it can facilitate peaceful, satisfying resolution of international conflicts in a cost-efficient way.

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.

Labor and Employment Arbitration Law in a Nutshell (Dennis R. Nolan & Richard A. Bales, 2020)
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).

The Law and Practice of United States Arbitration (Thomas E. Carbonneau, 2020)
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.

Legal Negotiation in a Nutshell (Larry L. Teply, 2023) (available on West Academic on campus or with password)
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.

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).

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.

Negotiation and Lawyers (Art Hinshaw, 2021)
Applying the latest scholarly thinking on the topic of negotiation, the authors present negotiation as a process where two fundamental tasks are taking place: the creation and claiming of value.

Principles of Alternative Dispute Resolution (Stephen J. Ware, 2016) (available on West Academic on campus or with password)
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. 

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.