LexisNexis Practice Guide: Massachusetts Alternative Dispute Resolution
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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;
• 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