ADR for Legal Professionals 2nd Edition by Jennifer Zubrick, Samantha Collow ISBN 1774621622 9781774621622

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ISBN 10: 1774621622
ISBN 13: 9781774621622
Author:  Jennifer Zubrick, Samantha Collow

The ‘ADR for Legal Professionals’ by Jennifer Zubick and Samantha Callow in its 2nd Edition offers a comprehensive exploration of Alternative Dispute Resolution (ADR) methodologies tailored for legal professionals. The book delves into various ADR techniques such as mediation, arbitration, and negotiation, providing legal practitioners with practical tools to effectively manage conflicts outside traditional courtroom settings. A strong emphasis on understanding the legal frameworks that govern ADR processes is woven throughout the text. The authors present a detailed solution manual for practitioners, featuring real-world scenarios and case studies that illustrate the application of ADR strategies in resolving complex legal issues. The book also includes an answer key at the end of each chapter to help legal professionals assess their grasp of concepts covered. The meticulously organized table of contents guides readers through structured learning, ensuring they can efficiently locate pertinent sections whenever needed. With its clear exposition and practical insights, ‘ADR for Legal Professionals’ has received positive reception from legal educators and practitioners alike, who commend its utility in enhancing dispute resolution skills in various legal settings. Overall, it is an essential resource for those seeking to expand their competencies in ADR and better navigate the evolving legal landscape. Providing cheap access to valuable knowledge, this book fits perfectly into any student’s library.

ADR for Legal Professionals 2nd Table of contents:

Chapter 1: The Importance of ADR for Legal Representatives

Introduction

The History of ADR in Law

The Traditional Practice of Law

Economic and Social Changes in the Legal Profession

Access to Justice

The Evolution of ADR and Conflict Resolution

The Role of Paralegals in ADR

ADR Standards of Practice and Ethics

Governance of Legal Representatives

Self-Regulation

Codes of Conduct

The Function and Principles of the Law Society of Ontario

The Paralegal Rules of Conduct and ADR

Competence

Advising Clients

Can Paralegals Be Mediators?

The Paralegal Rules of Conduct and Paralegal-Mediators

Chapter Summary

Key Terms

Review Questions

Exercises

References

Appendix A Definition of a Paralegal

Appendix B Activity: Take a Stand

Appendix C Role Play: Sell that Stroller Negotiation

Chapter 2: Understanding Conflict

Introduction

What Is Conflict?

Theoretical Definitions of Conflict

How and Why Conflict Happens

Involvement of Legal Professionals

Resolving Conflict

Conflict Resolution Styles

Case Analysis

Resolving Conflict Outside of the Courtroom

Chapter Summary

Key Terms

Review Questions

Exercises

References

Appendix A Activity: Defining Conflict

Appendix B Activity: Describing Conflict

Appendix C Exercise: Internal Conflict: Job Offers

Chapter 3: Theoretical Approaches to Understanding Conflict

Introduction

Attribution Theory

Human Needs Theory

Systems Theory

Circle of Conflict

Perspectivism

Key Terms

Review Questions

References

Chapter 4: Conflict Resolution Skills

Introduction

Verbal Communication

Content of the Message

Delivery of the Message

Reaction to the Message

Non-Verbal Communication

Interpretations of Non-Verbal Communication

Active Listening

Active Listening Techniques

Strategies to Enhance Active Listening

Written Communication

Written Communication Within Client Files

Written Communication to Others

Email Communication

Communicating with a Client

Conducting the Initial Client Interview

Discussing How to Proceed

Obstacles to Effective Communication and Listening

Chapter Summary

Key Terms

Review Questions

Discussion Questions

Exercises

References

Appendix A Activity: Verbal Communication

Appendix B Activity: Non-Verbal Communication 1

Appendix C Activity: Non-Verbal Communication 2

Appendix D Activity: Active Listening

Appendix E Paralegal Resource: Meeting the Client for the First Time

Appendix F Paralegal Resource: Practical Interview Tips

Chapter 5: What Is Negotiation?

Introduction

Negotiation Skills

The Legal Representative’s Role in Negotiations

The Basics of Negotiation

Benefits of Negotiation

Barriers to Negotiation

The Goals of Negotiation

Types of Negotiation Theories

Positional Negotiation

Principled Negotiation

Style of Negotiation

Competitive, Cooperative, or Problem-Solving

The Bargaining Process: Value Claiming and Value Creation

Chapter Summary

Key Terms

Review Questions

Discussion Questions

Exercises

References

Appendix A Activity: Cross the Line

Appendix B Role Play: Landlord-Tenant Negotiation

Chapter 6: Preparing to Negotiate on a Client’s Behalf

Introduction

Preparation—What Happens Before You Negotiate?

Stage 1: Preparing Your Client for the Negotiation

Stage 2: Developing Your Client’s Interests

Stage 3: Developing a Target Point

Stage 4: Determining the Client’s Alternatives—BATNA and WATNA

Stage 5: Understanding the Other Party’s Interests

Stage 6: Reviewing the Strengths and Weaknesses of Your Client’s Case

Stage 7: Rehearsing the Negotiation

Stage 8: Drafting a Settlement Agreement

Steps to Consider in Negotiating a Settlement Agreement

Stage 9: Other Considerations When Preparing: The Ethics of Negotiating

Is There an Ethical Baseline Standard for the Paralegal?

Chapter Summary

Key Terms

Review Questions

Exercises

References

Appendix A Activity: BATNA Analysis—Round the World

Appendix A Continued

Appendix A Continued

Appendix B Role Play: Petals Flower Delivery Negotiation

Chapter 7: What Is Mediation?

Introduction

Understanding Mediation

Distinguishing Mediation from Negotiation

Forums for Mediation

The Mediator

The Mediator’s Role

Mediator Requirements

Why Is Mediation Effective?

Benefits of Mediation

Limitations and Potential Risks of Mediation

Chapter Summary

Key Terms

Review Questions

Discussion Questions

Exercises

References

Appendix A Role Play: Hair Salon Mediation

Appendix B Role Play: Multi-Party Roommate Mediation

Chapter 8: Mediation Advocacy

Introduction

Prior to the Mediation Session

Timing of Mediation

Selecting a Mediator

Location of Mediation

Who Should Attend Mediation

Explaining the Stages of Mediation to Your Client

Preparing Your Client for Mediation

Understanding the Client’s Case

Mediation Documentation

During the Mediation

Role of the Participants

Agreement to Mediate

Ground Rules in Mediation

Opening Statements

Communication During Mediation

Private Caucus

Reality Testing

Generating Options

Settlement

Mediation Advocacy

Chapter Summary

Key Terms

Review Questions

Discussion Questions

Exercise

References

Appendix A Role Play: Dog Attack Mediation

Chapter 9: What Is Arbitration?

Introduction

What Is Arbitration?

Distinguishing Arbitration from Other Forms of Dispute Resolution

How Parties Arrive at Arbitration

Who Can Act as a Representative in Arbitration?

How Are Arbitration Proceedings Regulated?

The Arbitration Act and the Role of the Courts

The Main Steps in an Arbitration

Before the Hearing

At the Hearing

After the Hearing: The Arbitrator’s Award

The Importance of Neutrality

An Arbitrator’s Ethical Obligations

Appropriate Issues for Arbitration

Benefits and Consequences of Arbitration

Chapter Summary

Key Terms

Review Questions

Short Answer Questions

Exercise

References

Appendix A ADR Institute of Canada Arbitration Rules—Table of Contents

Appendix B ADR Institute of Canada Code of Ethics

Appendix C Key Excerpts from the Arbitration Act, 1991

Appendix D Role Play: Condominium Pet Arbitration

Chapter 10: Advocacy for Arbitration

Introduction

Prior to Arbitration

Arbitrator Selection

Client Preparation

Gathering Evidence

Formulating Strategies and Techniques

During the Arbitration

Role of the Participants

Evidence

Argument in Chief

Chapter Summary

Key Terms

Review Questions

Short Answer Questions

Exercise

Appendix A Role Play: Workplace Grievance Arbitration

Chapter 11: Selecting the Right ADR Process

Introduction

Negotiation

Mediation

Arbitration

Comparing ADR to Litigation

Choosing the Best ADR Process for the Client

Type of Legal Issue

Litigation Process and Jurisdiction

Legal Representatives

Stage of the Legal Action

Length of the Conflict

Whether All the Evidence and Documentation Has Been Obtained

Quantum Being Claimed

Costs Consequences of Failure to Accept

Cost – Benefit Analysis of Litigation Versus ADR

Relationships

Choosing the Right Third-Party Dispute Resolver

Public Consideration and Precedent

Understanding the Relationship between the Client and the Legal Representative

Minimize Potential Risks Associated with the Client Relationship

Communication Is Key

Use Caution When Offering Advice

Be Clear About What Role You Will Each Play in ADR

Other Factors in ADR

Ethics

Culture and Gender

Key TermS

Review Questions

Exercise

References

Appendix A Role Play: Brown’s Power Washing v Homeowner Chin Negotiation and Mediation

Chapter 12: Selected Topics in ADR

Introduction

Indigenous Dispute Resolution

Indigenous Law

Indigenous Peoples and the Courts

Indigenous Dispute Resolution

Administrative Tribunals and ADR

The Application of Administrative Law

Using ADR in Administrative Tribunals

Human Rights Tribunal of Ontario ADR Procedures

The Landlord and Tenant Board

Online Dispute Resolution

Understanding ODR

Emergence of ODR

Use of ODR

Benefits of Using ODR

Concerns with the Use of ODR

ADR Training and Certification

Having a Career in ADR

Mediator Qualifications

Professional Associations for ADR

Key Terms

Review Questions

Exercise

References

Appendix A Role Play: Fertility Negotiation

Appendix A Continued

Appendix A Continued

Glossary

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Tags: Jennifer Zubrick, Samantha Collow, Legal Professionals