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LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution

by John C. Cratsley (Author)

Publisher: LexisNexis

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Print Book :soft-cover format; updated annually

2017 Edition

ISBN: 9781522132134

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2017 Edition

ISBN: 9781522132141

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2017 Edition

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LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution distills the lifetime experience of Honorable John C. Cratsley (Ret.), a retired Associate Justice of the Massachusetts Superior Court who was Chair of the Superior Court's ADR Committee for 10 years and is now an arbitrator and mediator with JAMS. Combining lucid legal analysis of Massachusetts law and ADR procedure, it provides step-by-step guidance to fulfilling the Massachusetts attorney's duty to discuss ADR with clients, selecting the appropriate type of ADR and participating in that ADR.

Topically organized, and containing over 40 task-oriented checklists and over 150 practice tips, this portable, task-oriented guide to the technical and legal aspects of alternative dispute resolution in Massachusetts provides succinct, easily accessible, comprehensive, authoritative analysis and solutions in the following areas:

• Nature and purpose of ADR
• Obligation to consider ADR
• Approaching adversary about ADR
• Statutes and rules governing mediation
• Federal Arbitration Act and Massachusetts arbitration statutes
• Identifying disputes that are generally suitable for mediation
• Evaluating confidentiality and mediation privilege
• Evaluating potential mediators
• Ethical requirements for mediators
• Role of attorney in mediation
• Enforcing mediated settlement agreements
• Using court connected mediation
• Private contractual arbitration
• Court connected arbitration
• Compelling arbitration
• Selecting arbitrators
• Pre-arbitration issues and processes
• Participating in arbitration
• Delivering opening statements
• Advocating at hearings
• Conciliation
• Case evaluation
• Mini trial
• Summary jury trial
• Dispute intervention
and much more.

Authors / Contributors

John C. Cratsley

Honorable John C. Cratsley (Ret.) is a mediator and arbitrator with JAMS in Boston. Previously he served for 24 years as Associate Justice, Superior Court Department, Massachusetts Trial Court. During that time he was chair of the Superior Court's ADR Committee and a member and chair of the Supreme Judicial Court/Trial Court Standing Committee on Dispute Resolution.

He currently teaches trial practice at Harvard Law School and Alternative Dispute Resolution at Suffolk Law School. He also directs the judicial internship clinics at Harvard and Boston College Law Schools. He has taught for the National Judicial College and Massachusetts Continuing Legal Education (MCLE) and is an Emeritus Trustee of the Franklin Flascher Judicial Institute. He has participated in international judicial training programs in China, Russia, Cambodia, France and Japan.

Judge Cratsley has been a full-time arbitrator and mediator since joining JAMS in 2011. He focuses his practice on a wide variety of matters, including contract, construction, employment and insurance disputes.

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Part I - Types of ADR

Ch. 1 Types of ADR

Part II - Mediation

Ch. 2 General Principles of Mediation

Ch. 3 Court-Connected Mediation

Part III - Arbitration

Ch. 4 General Principles of Arbitration

Ch. 5 Private Contractual Arbitration

Ch. 6 Court-Connected Arbitration

Part IV -: Other Court Connected ADR Services

Ch. 7 Other Court Connected ADR Services

LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution

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Authors / Contributors

John C. Cratsley

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