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Practical Guide to Effective Dispute Resolution: Methods and Clauses, A

Practical Guide to Effective Dispute Resolution: Methods and Clauses, A
1st Edition
Practice Area:  Dispute Resolution, Litigation
ISBN:  9780414109438
Published by:  Sweet & Maxwell
Publication Date:  23 Sep 2024
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Effective Dispute Resolution: Strategies for Lawyers, Business Managers, and Commercial Dispute Professionals

In the complex world of commercial transactions, disputes are inevitable. ‘Effective Dispute Resolution’ is a guide to navigating these challenges with confidence and precision.

The aim of this book is to provide practical insights into how to mitigate the economic impact of disputes and the hidden costs of litigation. This includes understanding why disputes escalate and how traditional litigation can polarise a dispute and end up destroying business relationships. The focus is on the active consideration of alternative methods that can save time, reduce costs, and preserve partnerships. The emphasis is on effective, rather than alternative, dispute resolution.

Comprehensive coverage of:

  • Drafting robust dispute resolution clauses to pre-emptively manage conflicts.
  • Non-binding methods: negotiation, mediation, and early neutral evaluation.
  • Binding methods: expert determination, arbitration, and litigation.
  • Hybrid approaches: blended strategies that combine the best of all methods.

Innovative perspectives:

  • The evolution and effectiveness of online dispute resolution and remote hearings.
  • The development and future impact of AI in dispute resolution.
  • The psychology of dispute resolution and the importance of the human factor in effective dispute resolution.
  • Practical tips for in-house counsel and international lawyers to resolve disputes efficiently across jurisdictions.

Whether you are a seasoned dispute resolution lawyer, an in-house legal adviser, or a business manager involved in a dispute, this book offers valuable tools and strategies to achieve optimal outcomes. Drawing on the latest trends and real-world examples, ‘Effective Dispute Resolution’ serves as a comprehensive guide to mastering the art of commercial dispute management to deliver the most effective outcome.

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CONTENTS

Chapter 1: Introduction

Part 1: Non-binding dispute resolution methods and escalation clauses

  • Chapter 2: Negotiation
  • Chapter 3: Mediation
  • Chapter 4: Early neutral evaluation

Part 2: Binding dispute resolution methods and clauses

  • Chapter 5: Expert Determination
  • Chapter 6: Arbitration
  • Chapter 7: Litigation, Jurisdiction and Governing Law clauses

Part 3: Managing Disputes Effectively: Strategic Insights and Technological Advances

  • Chapter 8: Choosing effective dispute resolution strategy after a dispute arises
  • Chapter 9: Online Dispute Resolution and Remote Hearings
  • Chapter 10: Application of AI in dispute resolution process
  • Chapter 11: Psychology and dynamics of dispute resolution

Appendices – institutions and model rules and clauses

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