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Alternative Dispute Resolution
This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.
Mediation in state courts
The large caseloads to be tried in the courts and the dissatisfaction of jurisdictions with the judgments are the main reasons for the application of mediation in the courts. The culture of litigation and the Civil Law system applied in Brazil are driving factors in order to arise more lawsuits, given to a greater possibility of different decisions for similar situations, in contrast to the Common Law, applied in almost all of the United States, where the citizen is more cautious when filing lawsuits, because it is more difficult to reverse a precedent. Given the need to change this situation, a movement began in Brazil to encourage agreements between the parties in the process, with the Nat...
Public Policy Studies
Covers the methods, substance and process of public policy.
Mediation as a Mandatory Pre-condition to Arbitration
Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.
ADR, Arbitration, and Mediation
" The various developments and changes in the field of arbitration, coupled with the large sums and important issues which are so often at stake in them, mean that a new book providing a comprehensive overview on the topic from an authoritative source is not merely very welcome: it is positively needed by professionals involved in arbitration and their clients. It is hard to think of an organisation better qualified to sponsor such a book than the Chartered Institute of Arbitrators, with its enormous experience and authority in the field. It is also hard to conceive of a more impressive and well qualified group of contributors to such a book than the list of people who Julio CEsar Betancourt...
Czech and Central European Yearbook of Arbitration - 2012: Party Autonomy versus Autonomy of Arbitrators
Following the first volume of the Czech (& Central European) Yearbook of Arbitration (CYArb), the second volume of CYArb thematically concurs that the points of friction between arbitration, as an alternative dispute resolution mechanism are the freedom parties have in setting up the methods and mechanisms for the dispute settlement, and the state organized court proceedings with its obligatory jurisdiction and strict rules. The state organized court proceedings guarantee the firm borders and equality of means regarding the protection of the fundamental rights of the parties during the proceedings. The primary focus of CYArb is the issue of autonomy throughout the arbitration process. The pr...
A Practitioner's Guide to Class Actions
Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.
Family Law in Action
This is a volume of readings on family law and policy drawn from a variety of disciplines. It seeks to convey information about how American families are organized, how Americans live their lives in families, how they think about those lives, how the institutions of family law operate, and how the law affects family members, families, and society. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
Arbitration
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The Lawyer's Craft
For as long as legal writing courses have existed, students have been given large quantities of information all at once. They are then expected to digest it in one large gulp and to "do it." The Lawyer's Craft takes a different approach. The authors of this innovative book take the specific skills required to write a memo or brief and divided them into discrete "building blocks" that can be more easily absorbed by students. The approach to drafting legal documents is highly structured to enable students to see how different parts fit together. Memos and briefs are divided into parts and organized into a required format. The format also provides students with a checklist to consult when const...
