ADR Summer Reading List

Nothing says “summer” like an ADR summer reading list! Perhaps ADR books aren’t the typical “beach reads” tucked into tote bags when heading for the lake, pool or shore (or other vacation sites).[i] But, this blog post suggests some interesting and insightful ADR books worthy of a place in that tote bag.

#1.  The only book about construction arbitration written by construction lawyers/arbitrators, Construction Arbitration: The Advocate’s Practical Guide,[ii] discusses all aspects of construction arbitration process from selecting arbitrators to discovery and motion practice, and strategy and tactics during the hearing. It also covers post-award motions and international arbitration. Written by experienced construction lawyers and arbitrators, it’s an invaluable resource for any lawyer involved in arbitration.

#2.  In a series of vignettes, Bargaining with the Devil: When to Negotiate, When to Fight[iii] draws from a range of real-life stories and gives practical advice about dealing with extremely challenging conflicts and how to make wise decisions about whether to negotiate or fight. The conflicts include corporate theft, labor relations, divorce, and dividing family property. The author discusses how he successfully resolved a complex multi-million-dollar dispute between IBM and Fujitsu using a combination of mediation and arbitration techniques. He has been chair of the Harvard Law School Program on Negotiation since 1994.

#3. For comprehensive discussion of numerous commercial arbitration topics, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (4^th Ed.)[iv] is the go-to guide. It includes chapters on summoning non-party witnesses, e-discovery in arbitration, emergency arbitrators, and hybrid arbitration processes. It also provides guidance on arbitration and social media and on the security of an arbitrator’s electronic information. Its seventy contributors include well-known construction arbitrators.

#4. Mediating Legal Disputes: Effective Techniques to Resolve Cases (2d. Ed.)[v] is three books in one. Part 1 gives an overview of basic strategy and the stage of a typical mediation; Part 2 focuses on barriers to legal negotiations and sophisticated techniques to deal with them; Part 3 gives specialized advice on dealing with employment, personal injury, environmental, intellectual property and “mega” cases. Additionally, the book includes a unique resource—more than 60 video excerpts showing how leading mediators apply specific techniques.

#5. When two mediation icons such as Steve Nelson and Hal Gray recommend a book, it’s wise to pay attention. Both cited Controlling the Costs of Conflict[vi] as one of the most important books they have read about conflict management. Aimed at business leaders and managers, this book provides tools for organizations to improve their systems for conflict and dispute resolution. It reviews the root causes of conflict and the four ways humans resolve conflicts in organizations (do nothing; power play; higher authority; collaboration). The authors assert that most organizations use higher authority measures (litigation) or power plays before exhausting collaborative options and this creates risk, exposure and high costs. By changing existing procedures, businesses can control conflict costs.