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Critique of third-party decision-making in ADR processes

Article Abstract:

ADR should not be a process that merely exchanges a public form of third-party decision-making for a private form. ADR has provided solutions to inefficiencies in the legal system, but should not develop into a private system of justice at the expense of legal rights. Positive and negative features of public and private processes should be weighed carefully, and a distinction should be made between forums that deal with legal rights and contract rights.

Author: Lobel, Ira B.
Publisher: American Arbitration Association
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1998
Evaluation, Third parties (Law), Dispute resolution (Law)

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Successful regulatory negotiations

Article Abstract:

Successful regulatory negotiations depend on a number of factors. The negotiable issue should be clearly defined. The regulatory agency should be skilled in providing informational and technical support in the negotiations. Interested parties should be welcomed to the process. The room should be large and comfortable. Ground rules for the negotiations should be established at the first meeting.

Author: Lobel, Ira B.
Publisher: American Arbitration Association
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1995
Methods, Negotiation, Negotiations, Administrative agencies, Government agencies

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Is interest-based bargaining really new?

Article Abstract:

The author argues that the concept of interest-based bargaining to resolve labor-related grievances is no different than the adversarial conflict-resolution bargaining styles of the past. Suggestions for the successful negotiation of grievances are presented.

Author: Lobel, Ira B.
Publisher: American Arbitration Association
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 2000
United States, Analysis, Collective bargaining, Grievance arbitration

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Subjects list: United States, Negotiation, mediation and arbitration
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