LibGuides: Dispute Resolution Research Guide: Getting Started

Introduction

Alternative dispute resolution (ADR) or "appropriate" dispute resolution refers to procedures for settling disputes by means other than litigation. ADR is an umbrella term that includes traditional processes such as arbitration, mediation, negotiation. It also includes problem-solving approaches such as collaborative law and restorative justice.

ADR Rules & Statutes

Each of the myriad of dispute resolution mechanisms is governed by its own rules. These rules exist at the federal, state, and local level. There are also rules promulgated by private agencies. It is incumbent upon the student or practitioner to identify the rules that apply to a particular proceeding whether it be an arbitration, mediation or other mechanism for alternative dispute resolution.

One good source for current rules is Nichols Illinois Civil Practice: with Forms Alternative Dispute Resolution Handbook, cited in the "Featured Resources" section of this page.

Dan K. Webb Center for Advocacy

Loyola's Dan K. Webb Center for Advocacy is one of the most well-respected advocacy programs in the U.S. It offers classes in trial advocacy, appellate advocacy, and alternative dispute resolution.

About This Guide

The Dispute Resolution Guide (Guide) provides information about, and where possible, links to, the most popular and most-cited dispute resolution resources that Loyola students, staff, and patrons have access to. The Guide is organized primarily by format. But under each format tab, items are divided by topic. So, for example, the "books" tab is further divided into separate pages on ADR sources, sources on negotiation, mediation etc.

This guide is not intended to be exhaustive. For example, the Guide does not include sources on international commercial arbitration. For those sources, see the Library's International Commercial Arbitration research guide. Likewise, the Guide does not include sources devoted to mechanisms specific to particular areas of law or before specific tribunals. So, for example, this guide does not include a texts on mediation in family law disputes or dispute resolution before the World Trade Organization, thought the Library has resources on both those topics.

Featured Resources

Print books listed below are available in Law Main Stacks unless otherwise indicated.

Nichols Illinois Civil Practice with Forms: ADR Handbook by Lee Hugh Goodman
Call Number: Available online via Westlaw
Publication Date: 2014-
This yearly desk reference provides a broad overview of the ADR field and the various proceedings that comprise the field. It provides hundreds of ADR-related forms and nearly 100 appendices with the current federal, state (Illinois) and local ADR-related rules that a practitioner will need.

Available online via Westlaw as part of Nichols Illinois Civil Practice with Forms
The Practice of Mediation: a video-integrated text by Douglas Frenkel
Call Number: KF 9084 .F746 2008
ISBN: 9780735544390
Publication Date: 2008-07-10
This book combines in-depth textual analysis of the mediation process with videos illustrating the stages of the mediation process and the many constituent skills of effective mediators. the text provides students a sophisticated understanding of the negotiation process and the barriers to conflict resolution. Accompanied by video of three unscripted mediated disputes, based on actual cases, the presentation allows students to see what they are reading about, preparing them for all major approaches to mediation.

Second copy available on permanent reserve.
Representing Clients in Mediation: a guide to optimal results based on insights from counsel, mediators and program administrators by Spencer Punnett
Call Number: KF 9084 .P86 2013
ISBN: 9781614387572
Publication Date: 2012-12-01
This book is designed for lawyers of all experience levels who need to help their clients mediate legal disputes that typically involve a claim for damages.
Stories Mediators Tell by Eric Galton
Call Number: KF 9084 .G35 2012
ISBN: 9781614383567
Publication Date: 2013-02-26
This book is a collection of inspirational stories shared by experts in the field who want others to experience the art of mediation. Their stories share advice on how to handle certain situations. The stories were not collected to glorify or to vilify mediation, but to make it accessible to readers generally to share what mediation is about and how certain situations were handled. The authors are motivated by the belief that mediation is not well understood--even its practitioners are often limited to their own experience, particularly given confidentiality strictures.
Collaborative Law: a new model for dispute resolution by Sheila M. Gutterman
Call Number: KF 9084 .G88 2004 Law Main Stacks
ISBN: 1883726956
Publication Date: 2004-08-01
Collaborative Law: A New Model for Dispute Resolution includes an overview of the development and current status of collaborative law; the necessary skills, knowledge, and attitude required of the lawyers and the parties; the components of an interdisciplinary collaborative law team; the steps in the collaborative process intended to result in a final settlement of the case; training and skills required and/or useful for attorneys looking to start a collaborative law practice; ethical issues, including malpractice concerns, duties, and confidentiality; case-processing issues and coordination with the courts; resources and methods of practice in Colorado; and appendices of forms. The entire text of the book is available on the accompanying CD in searchable PDF format.

Subject Guide

Tom Keefe

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