ABSTRACT
This chapter is about alternative dispute resolution (ADR). The first part introduces different methods of ADR and compares ADR with litigation. The second part focuses on arbitration and the skills of drafting an international commercial arbitration agreement. The third part looks at mediation. It includes skills for lawyers representing their clients as well as skills and techniques used by mediators. The chapter ends with a role-play of a commercial mediation scenario.
By the end of the chapter, you should be able to:
distinguish between adjudicative and non-adjudicative methods of ADR
recognise when ADR may be more appropriate than litigation
understand how to draft an arbitration clause
explain the mediation process to a client
use a variety of mediator skills to facilitate mediation
