LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution

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.

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Print Book:1 volume, softbound
2023 Edition
ISBN: 9781663362476
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$411.00
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2023 Edition
ISBN: 9781663362483
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eBook:mobi
2023 Edition
ISBN: 9781663362483
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$411.00
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LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution distills the lifetime experience of a retired Associate Justice of the Massachusetts Superior Court who was Chair of the Superior Court's ADR Committee for ten 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, it explains such topics as the following:

•  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.

LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution integrates how-to practice guidance, over 40 task-oriented checklists, over 150 practice tips, and citations to leading authority to make this complex area readily understandable to practitioners. It offers targeted practical guidance for the Massachusetts attorney struggling to select and pursue the appropriate type of ADR.

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Table of contents

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

Index