Bypass Court - A Dispute Resolution Handbook, 4th Edition

This book provides practical advice on how to select, prepare for and engage in a range of dispute resolution processes. Including examples, forms, checklists and sample documents, this handbook is a reference source for anyone who is involved in a dispute resolution process.

Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433462996
Publication Date: 2011-03-31

				Price: $120.00

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Practical Ways of Handling Disputes Without Going To Court

Recourse to dispute resolution processes such as mediation and arbitration is increasing as litigants look for more practical means of resolving their disputes. This authoritative and accessible work provides practical advice on how to select, prepare for and engage in a range of dispute resolution processes. Practical and portable, and including examples, forms, checklists and sample documents, this handbook is a reference source for anyone who is involved in a dispute resolution process.

Features

Helps in choosing an appropriate dispute resolution process that is not based on the adversarial, point-and-counterpoint model
Illustrates a collection of dispute resolution processes that can be used for all or any part of a dispute
Clarifies and synthesizes dispute resolution concepts
Analyses the various consensual, non-adjudicative techniques of dispute resolution, such as mediation, negotiation and mini-trials, but also explains where and how to use the adjudicative process of arbitration
Provides tools such as analytical work sheets, mediation and negotiation agreements and checklists
Outlines the options available in dispute resolution processes, and assists in formulating realistic expectations about dispute resolution choices

Why Should You Buy This Book?

Immensely practical with many concepts drawn from the authors' extensive experience in the field
Contains new chapters on arbitration, complaint handling and ombuds; expanded sections on judicial dispute resolution; new appendices on negotiation and mediation worksheet and templates
Explores a full range of dispute resolution possibilities, helping you to decide whether or how a particular dispute resolution process can work optimally for you

Who Should Read This Book?

Potential litigants and dispute resolution participants - this book is intended for anyone who is involved in an existing or potential dispute. Whether it is a dispute between two business owners or a negotiation between an employer and employee, this book outlines practical dispute resolution processes to help parties to a dispute achieve their objectives
Lawyers - lawyers can advise their clients on methods of settling their disputes without resorting to court proceedings
Arbitration professionals and mediators - consolidate and expand their knowledge on dispute resolution applications
Dispute resolution instructors and students - this book can serve as an integral part of course materials which cover dispute resolution

Preface
Chapter 1: The Disputing World: What Choice Exists?
Chapter 2: Negotiation
Chapter 3: Mediation
Chapter 4: Neutral Evaluation
Chapter 5: Partnering
Chapter 6: Mini-Trials and JDR
Chapter 7: Legal Concepts
Chapter 8: Arbitration – A Complement to Mediation
Chapter 9: Complaint Handling & Ombuds
Chapter 10: Canadian Initiatives and Onward
Chapter 11: Dispute Resolution Design
Chapter 12: Epilogue
Appendix

Genevieve A. Chornenki, LL.B., LL.M. (ADR), C.Med., F.C.I. Arb. & Christine E. Hart, LL.B.

Genevieve A. Chornenki, LL.B., LL.M. (ADR), C.Med., F.C.I., Arb., is a dispute resolution consultant, mediator and arbitrator. In 1999, she received the first Award of Excellence in ADR from the Ontario Bar Association and an Excellence in Teaching Award from the University of Toronto in 2000. She holds an LL.M. in ADR together with the dual practice designations of Chartered Mediator and Chartered Arbitrator (ADR Institute of Canada). Ms. Chornenki served as a Director of the Sport Dispute Resolution Centre of Canada and continues as a member of the Local Mediation Committee of the Ontario Mandatory Mediation Program, Toronto Region.

Christine E. Hart, LL.B., President of Accord/hart & associates inc., is one of Canada's leaders in conflict management. She has practised for 30 years in the field of dispute resolution as a lawyer, mediator, facilitator, arbitrator and dispute systems designer. After successfully creating and implementing the first court-connected mediation program in Canada, in Ontario's Superior Court, Ms. Hart went on to found Canada's first comprehensive conflict management practice as a partner and President of KPMG Conflict Management Solutions Inc.

In 1998, she founded Accord/hart & associates inc., where her work has focused on preventing and resolving business and governance disputes. Ms. Hart is an accredited Corporate Director (2005), and since 1979 has been a Director/Governor of a variety of organizations including the Greater Toronto Airports Authority, Sheridan College, Ontario Bar Association, Canadian Psychiatric Research Foundation, the Canadian Stage Company and Kingsway College School. She is a former Member of Provincial Parliament and Minister of Culture and Communications for Ontario, and is a past Chair of the Ontario Bar Association Alternative Dispute Resolution (ADR) Section.

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