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ADR is not merely a substitute for court proceedings or
arbitration, but a method of dispute settlement in its own right.
In ADR proceedings, the parties call upon a third party not for a
decision, but for assistance in reaching an agreement. As a result,
ADR is not only less expensive and usually quicker than other
methods, but it is capable of giving both parties some degree of
satisfaction. The purpose of this book is precisely to look at ADR
on its own terms as a way of resolving business disputes,
particularly at the international level. Drawing upon diverse
approaches, ADR experts from a variety of countries explore the
situations to which ADR lends itself and the different permutations
it offers to allow each dispute to be handled in the manner most
fitting to the circumstances. The contributors also show how ADR
serves such important considerations as the interests involved, the
need to avoid a public display of differences, and the wish to
anticipate problems. By throwing new light on the achievements of
ADR and the possibilities it offers, this book will help to situate
ADR amongst the panoply of dispute resolution methods now available
to the international business community. Practitioners faced with
drafting a dispute resolution clause in a contract, or dealing with
a dispute which has arisen, will find expert guidance here when
deciding which method of resolution to adopt, or whether a
combination of procedures would be appropriate. Academics will
discover a very useful volume which not only deals with many of the
issues raised by ADR, in particular its relationship with
arbitration, but also provides material for comparative study of
how these issues have been approached and treated until now in
various regions of the world, cultures and backgrounds.
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.
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