Written for business owners who need to engage in mediation or arbitration who may not be familiar with the concepts or legal aspects of the process. This book will give the business executives the tools they need for their business to win through mediation and arbitration, and save lawyers involved in the process a lot of background and explanation.

This hands-on guide discusses each vital stage of the labor arbitration process, stressing the practical techniques and tactics essential for success. Effective methods for preparing a case, examining witnesses, introducing exhibits and making arguments are detailed, as well as different approaches that can be used in arbitration hearings.

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.

Disputes regarding M&A transactions are often subject of arbitration proceedings. Their inherent flexibility creates scope for manoeuvre that, skilfully handled, can significantly contribute to the successful outcome of a dispute. The tactical opportunities of the arbitration process - against the background of eight key jurisdictions - are introduced and discussed in this book.

Before the heating, during the hearing, and following the hearing -- here is your essential guide to achieving winning results in arbitration. The author, a former labor attorney and employee relations executive, explains the most effective techniques you can use to: - determine what needs to be proven- assemble the evidence- select the arbitrator- present the case in chief- deal with objections- handle adverse witnesses- draft posthearing briefs- and moreYou get step-by-step analysis and advice on formal arbitration procedures, plus guidance on how to adapt your presentation to the arbitrator's individual style.On-point examples throughout the text -- plus sample statements and arguments, forms, checklists, a reading list, and more -- will save you valuable time and streamline your preparation.

This book combines theory with practical techniques for resolving difficult legal disputes, including: mediating effectively between hostile lawyers and parties; dealing with insulting first offers and reneging; predicting litigation outcomes without alienating disputants; effective impasse-breaking tips; and, for litigators, utilizing a mediator's special powers to achieve better outcomes for clients. Includes a DVD that demonstrates conducting an opening session, eliciting offers, delivering an evaluation, applying impasse tactics, and other essential skills.