Book Description
Though common in today's economy, arbitration remains relatively remote from the daily practices of most lawyers. This comprehensive handbook offers a thorough introduction to the fundamental concepts and materials for both lawyers and businesspeople. Suitable both as a primer for students and a refresher text for those involved with arbitration-related issues, this guide discusses the law, its history, and relevant case law. Also included is practical advice on how to construct an arbitration clause and decipher related statutes and regulations, as well as a discussion of labor and employment, securities, and international arbitration.
Book Description
International arbitration is the preferred method for the settlement of international business disputes. As a private, autonomous and international dispute resolution mechanism arbitration has become independent from national laws in practice.
This new and comprehensive treatise addresses all significant issues pertaining to international arbitration. The perspective is international and comparative and reference is made to all major international treaties and instruments, arbitration rules and national laws.
The authors trace the realities of international arbitration practice, i.e. what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award. These are illustrated by published awards, international instruments and arbitration rules, and national court decisions recognising and giving effect to these autonomous international arbitration practices.
At every stage of the arbitration process there remains a conceptual legal conflict between the inherent international and autonomous character of arbitration and the national laws of the parties, the place of arbitration, and the place where the award is to be enforced. These issues are reviewed with particular reference to national constitutional and regulatory systems, the effect of mandatory laws of connected states, and European and international law including international human rights instruments. The book describes participation in international arbitration of states and state entities, and the interaction between commercial and investment arbitrations.
No two international arbitrations are the same. This book analyses the various structures, practical arrangements, procedures and legal implications for arbitrations wherever the arbitration takes place. It also provides a guide for lawyers involved in the international arbitration process whatever the nationality of the parties and the composition of the tribunal.
The book is an indispensable tool for practising and academic lawyers concerned with international trade law, international litigation and commercial arbitration. It is also an essential guide for those seeking to understand a particular issue in international arbitration
Book Description
This interactive and informative book provides a concise, easy-to-understand overview of the cutting edge field of online dispute resolution (ODR), using the familiar frequently asked questions format. It examines the ODR options that reflect the speed and convenience of the Web.
KEY TOPICS Chapter topics cover E-Commerce Disputes and the Global Web; Understanding Online Dispute Resolution; Online Negotiation, mediation, and arbitration; Online Jury Proceedings; Online Dispute Resolution System Design; and the future of ODR. For online technical and business professionals—such as computer science and information technology managers, dispute or conflict resolution professionals, customer relations managers, contracts managers, purchasing managers, Web masters, online service providers (OSPs), e-commerce entrepreneurs, and attorneys advising e-businesses.
Book Description
This book develops a deep understanding of the theory and practice of collective bargaining and labor relations, providing students with the conceptual framework for grasping changes taking place in the field of labor relations and collective bargaining. The Fourth Edition has been significantly updated and revised—containing a number of totally new chapters and sections on the most relevant topics in the field today—yet it retains the rich institutional detail that puts current developments into perspective.
Book Description
Rohwer and Skrocki's Contracts in a Nutshell is a succinct summary of the fundamentals of contracts. Contains expert coverage on forming contracts, restitution, statute of frauds, contract interpretation, and modification. Also discusses remedies, performance, and third-party beneficiaries.
Customer Reviews:
Contracts in a Nutshell.......2006-03-22
Thank you so much for a nutshell version of contracts! It's all beginning to make sense now! I believe this book was key in helping me to pass this, not so much fun, class!
This Book Saved My Life!!!.......2005-01-10
Some time around mid-semester, I was hopelessly lost and confused in my contracts last. In my despair, I bought this book. It opened up my eyes and lifted the fog of contracts for me. My final grade in the class was much better than I hoped for and I have to partly thank this book for that. The only thing keeping me from giving it 5 stars is that it is useful for bare bones knowledge of contracts, and shouldn't be used to replace attending class and taking good notes.
A Must Read!.......2004-10-21
This book is as simple as it gets. Contract law is one of the more complex subjects in law school. Any material that adds complexity to an already challenging subject has little value especially to 1L's and even bar candidates. Understanding the basics of the subject is crucial. That is why this book stands out from the rest. I have read the casebook, a hornbook in this jurisdiction as well as various textbooks in a foreign jurisdiction. "Contracts in a Nutshell" gives the simplest explanation of the law by far. It is a must read indeed!
Contracts by Schaber.......2004-06-01
The book has an excellent presentation of the theory of contracts. The six main categories are described initially and explained in the ensuing text. These categories consist of:
1. Express contracts consisting of the standard offer-acceptance
and consideration trilogy
2. Implied in fact contracts distinguished by conduct rather than
by express words
3. Promissory estoppel referred to as detrimental reliance
4. Subsequent promises to perform pre-existing obligations
5. A minority theory of imposing liability based upon a subsequent promise to pay for material benefits previously conferred.
6. Implied in law quasi-contracts which are non-consensual obligations
The theory of an offer arouses an expectation in the mind of a
reasonable person. Such an expectation may create a power of
acceptance in the offeree. An offer must be sufficiently certain
to make any resulting agreement enforceable and damages calculable. The offer must be certain as to the parties, subject matter, price and time of performance. An offer in which the
offeror or offering party promises to do or not to do something in exchange for a promise by the offeree to act is an offer for
a bilateral or two-sided contract. Further details as to
bargained exchanges, the statute of frauds and a whole host
of complicating factors are set forth simply with a generous
sprinkling of stare decisis cases to illustrate the legal
points explained. The text will be helpful for law students,journalists, constitutional scholars and a whole host of
other constituencies in academe.
This text is a good supplement to the standard legal texts on contract law. It is well worth the price charged.
Authorative And Complete.......2003-11-12
As an applicant to several law schools, I wanted to know what I would be involved with when I do start my first year. This book provides a great deal of authorative information regarding common and federal law's method of adjudicating contracts. While many students in law school consider contract law boring, this certainly should not be the case.
Contracts impose responsibities that we must live up to. It is a cornerstone of Western civilization--that laws and contracts do mean something. This book provides a great deal of insight into how contracts work, but one should probably read this book only if they have the intention of going to law school or already are attending.
Michael Gordon
Book Description
Bringing Peace Into the Room examines the personal qualities that make a mediator effective. The eminent authors of this volume go beyond traditional descriptions of academic training, theoretical orientation, and refinement of technique to confront issues related to personal temperament and the crucial psychological, intellectual and spiritual qualities of the mediation professional— qualities that are often the most potent elements of successful mediation. In this comprehensive resource, Daniel Bowling and David Hoffman bring together a stellar panel of practitioners, academics, teachers, and trainers in the field— Michele LeBaron, Kenneth Cloke, Robert Benjamin, Don Saposnek, Sara Cobb, Peter Adler, Jonathan Reitman, Lois Gold, Marvin Johnson, and others— ?who share their personal experiences as mediators. Each contributor demonstrates that at the very heart of conflict resolution is the subtle interaction between the parties and the mediator's personal and authentic style.
Book Description
Basic Skills for the New Arbitrator provides a detailed overview of arbitration, from the prehearing phase through the hearing and deliberation of the award. It guides the new arbitrator through the arbitration process by answering the one hundred questions most frequently asked by new arbitrators. BASIC SKILLS FOR THE NEW ARBITRATOR has been used successfully for self-instruction and as a training manual. It is not just for new arbitrators! Experienced arbitrators and attorneys who represent clients in arbitration will find this manual extremely useful. The discussion of evidentiary concepts is especially valuable for non-attorney arbitrators, who must deal with the evidentiary vocabulary of the legal profession. You will learn to provide the necessary ethical disclosures, conduct a preliminary conference issue prehearing orders, establish a discovery schedule, resolve discovery disputes, deal with attempted delays, preside at a hearing, render an award, and avoid prejudicial conduct.
Customer Reviews:
Exquisitely Cogent Primer.......2005-04-07
Mr. Goodman's book is the finest quick primer for a new arbitrator I have ever read. For virtually anyone familiar with any type of legal procedure or mediation, the book lays out the differences specific to Arbitration. Mr. Goodman has arranged the book, so that he presents the answers to the 100 most commonly asked questions about Arbitration.
The layout that he uses is in order of the Arbitration process, and thus, the questions and answers are in "as needed" sequence. This makes the book a very useful quick reference tool on all the major topics of the process of Arbitration.
The book is very highly recommended to attorneys, mediators and other legal professionals as a very compact and explicit guide and quick reference book about the procedures of Arbitration.
Two Thumbs Up For Judge Goodman's Book for New Arbitrators!.......2001-12-09
As a new volunteer arbitrator for my local bar association, I found Judge Goodman's book to be indispensable in acquiring the skills and expertise for this new task. His experience in this field are excellent and he uses this experience in a question and answer format which lends itself to an easy, but extremely effective format, for new, as well as experienced, arbitrators. His hints and tips give new arbitrators the guidance and confidence necessary to lead an effective, but expedient, arbitration. This is the number one book for those new to arbitration, or those needing a review of arbitration methods and techniques.
Book Fills in the Gaps Left by Arbitrator Trainings.......2001-08-18
I first purchased and read Judge Goodman's Basic Skills For the New Arbitrator in 1994 when I began arbitrating. Having just finished reading the most recent edition, I am struck by the continuing usefulness of the detailed and practical advice contained in this book. While I have participated in arbitrator trainings over the years, they usually do not cover the nitty gritty "how to" issues this work addresses. These issues are easy to find as the Table of Contents is organized into sections devoted to each stage of an arbitration with an enumeration, under each heading, of all the questions addressed. Judge Goodman's style is clear and concise which makes the book a quick and easy read. It seems directed primarily at non-lawyers, but many lawyers, such as myself, will find in it their money's worth of advice. Personally, as much of my practice is devoted to mediation, I find reviewing the book helpful when I need to switch hats and assume a judicial (as opposed to a mediator's) demeanor. His advice in this regard, touching on body language, facial expression, and utterances, is invaluable in cultivating the proper persona of the neutral arbitrator. I highly recommend this thoughful, easy-to-read book to anyone who is starting to engage in arbitration and for those for whom it is not a weekly endeavor.
Good Information for Experienced Arbitrators, Too.......2000-12-24
As an experienced arbitrator, I am always looking for good information from those who actually are arbitrators. There are alot of books written by academics filled with theory and psychology, but this is a book by someone who obviously arbitrates for a living. As an arbitrator who is not an attorney, I found the information about dealing with attorneys, documents, objections and evidence quite helpful, as one can easily be intimidated by attorneys if they are involved in the process. The section on "Getting Paid" hit home. I too have had the experience of not getting paid by a party after the arbitration. The author's suggestion to hold the award until payment is received may sound harsh, but it certainly is sound business advice. The arrangement of the book as questions and answers, with the questions listed in the table of contents, makes this book easy to use as a quick reference. Definitely worth the price.
Basic Skills For The New Arbitrator.......2000-11-13
While this book provides some very good basic information, especially for a new arbitrator, some of Mr. Goodman's ideas are radically different from the practice of most main stream arbitrators. Certainly the Federal Mediation and Conciliation Service and the American Arbitration Association would disagree with Mr. Goodman's statement that "No reasons are given for the award" when a decision is rendered. I personally do not know any arbitrator who does not clearly state the basis for a decision/award. Also, it is not common practice, and certainly not good advice for a novice, to hold the rendered decision hostage until payment for the arbitration service is received. The author is addressing "basic skills" for new arbitrators and could mislead them in these and other opinions stated in this book which, incidentally, I believe is over-priced for its size and paper bound format.
Book Description
The Mediator's Handbook provides a time-tested, flexible model for effective mediation in diverse environments and situations. Completely revised, this new, expanded edition provides a clear overview of mediation and conflict; a large "Toolbox" section that details the skills and approaches used by professional mediators; and a final section that looks at informal mediation. A valuable resource for all working in corporations, government agencies, community organizations and schools.
Customer Reviews:
Great Introductory Text.......2007-06-25
This was used as a course textbook in an introductory ADR class, and I think it serves that purpose well. A great book for those new to ADR and mediation that clearly outlines the purpose and procedures of mediation. This text does not really discuss the psychological motivations behind party behavior except for briefly touching on cultural patterns. The focus is on the process.
The topics are dealt with step-by-step, and while the illustrations aren't necessary, especially for university-level courses or professionals, this is still a great textbook that adequately covers the role of the mediator and all the steps in mediation as well as tips for how to move the process along and recognize problems.
A Welcome Addition to My Library.......2002-02-04
I am a mediator, arbitrator, and trainer. The Mediator's Handbook is a welcome addition to my library. It is filled with practical advice,theoretical information, wonderful charts, and the nuts and bolts of mediation. I am sure every mediator, new or experienced, will benefit from this book. I recommend that every mediator skim the "Mediator's Handbook" as well as "Basic Skills for the New Mediator" by Allan H. Goodman (which I purchased at the same time) before every mediation.
God is in the details, and vice versa.......2001-09-04
Alternative dispute resolution (ADR) has received lots of attention over the last decade or so, and I'd like it to receive more. Here's a good place to start.
As an [ahem] older law student, I recently signed up to participate in a mediation program through a local courthouse. As I looked around for helpful references, my eye fell naturally on this modern classic by Jennifer Beer. Continuously in print since 1982 and now in its third edition, it's probably _the_ book that did most to teach the American public how to "do" mediation.
It's full of nuts-and-bolts advice on everything from what to say to where to put the chairs. And it's got something some other mediation books lack: a sense of the "spirituality" of mediation.
For the techniques in this volume grew out of the Friends Conflict Resolution Programs (FCRP). And the Religious Society of Friends ("Quakers") is pretty good at conflict resolution.
(It's those "meetings." Some readers may know that in the early days of the United States, a half-century of so before the Emancipation Proclamation, the Friends unilaterally, voluntarily, and unanimously freed every last one of their slaves -- and paid them to boot, if I'm not mistaken. And anybody who has ever attended a Quaker meeting will understand why, even if they've never heard of John Woolman.)
I've got quite a few Quakers in my family tree, so I'm pleased by this approach. But it's very understated and mostly behind the scenes, so the casual reader will notice only that the book has a certain mood or tone.
What's really going on is that the mediation advice herein is implicitly predicated on the presumption that people are competent to settle their own disputes because each of them has "that of God" within. And the extraordinary sensitivity of the advice is based firmly on Quaker sensibilities: namely, respect for the individual conscience as the very voice of God, and a profound belief in the power of _listening_ both to others and to oneself.
The result is a book of advice on mediation that looks an awful lot like a book on how to grasp the "sense of a meeting." Even beyond the nuts and bolts, the "flavor" of the book will itself help the reader get a feel for what mediation is all about. That's a nice feature in a book on ADR, and it's no wonder Beer's book has been in print for so long.
Allan Goodman's _Basic Skills for the New Mediator_ is a good companion volume, by the way. His book is more aimed at people who do mediation in "courtlike" settings, whereas Beer's is for pretty much any context (including workplace and family, both of which she discusses). The two together are a powerful combination of resources, arguably surpassing many more expensive books on the subject.
And for a good history of the subject of ADR, see Linda Singer's _Settling Disputes_, which I've also reviewed.
Couldn't Be Better.......2000-11-12
As a mediator and one who trains others how to mediate, I highly recommend this clearly written,comprehensive mediation handbook. I have yet to see a more practical book on mediation skills.
Recommended for beginners and experienced mediators alike.......1999-07-25
As a trainer of community mediators, I am often asked to suggest books on the subject. One book I definitely recommend is Jennifer Beer's Mediator's Handbook -- and it is also a book I often go back to myself. It's like having a smart, experienced and helpful colleague available whenever I want, whether for specific problem solving or for more general inspirational conversation!
Product Description
This indispensable handbook is the first legal resource to gather together the most important cases and commentary no the increasingly significant subject of foreign investment disputes. It fills the need for a compilation of the basis source material into a well-organised and up-to-date volume covering the full scope of the subject. The work provides broad coverage of all aspects of foreign investment disputes: the treaty system protecting investments, investment contracts and key clauses, forums for resolving investment disputes, political risk insurance, applicable law, principles of state responsibility, investor rights under investment treaties and customary international law, defenses to investor claims, reparations, procedure and proof, and enforcement of arbitral awards. Of particular value to practitioners are such features as the following: the most relevant excerpts from the most important cases dealing with foreign investment disputes; questions and comments prepared by the authors, who are senior lawyers and professors with vast experience and expertise in the subject matter; excerpts from decisions of the Overseas Private Investment Corporation interpreting the key terms of political risk insurance policies, and, key clauses in investment contracts. Foreign Investment Dispute: Cases, Materials and Commentary will be of inestimable value to practitioners in the field, both experienced and novice, as well as to academics. As a well-organised and easy-to-use compilation of the key materials from both case law and secondary sources, it has no peers.
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Books Index
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General
| Business & Investing
| Subjects
| Books
Basic Skills for the New Arbitrator, Second Edition
Alternative Dispute Resolution In A Nutshell, 2nd Ed. (Nutshell Series)
The Arbitrator's Handbook
Mediator's Handbook
JUST CAUSE: THE SEVEN TESTS, 3RD EDITION
