THE MANAGER'S GUIDE TO RESOLVING LEGAL DISPUTES by James F. & Jethro K. Lieberman Henry

THE MANAGER'S GUIDE TO RESOLVING LEGAL DISPUTES

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KIRKUS REVIEW

Forthright advocacy of ADR--alternative dispute resolution--as the litigation substitute of the future. Authors Henry and Lieberman argue that ADR On particular the so-called ""minitrial"") puts dispute resolution in the hands of businessmen (who have to live with the results) rather than allowing disputes to take on a life of their own, perpetuated by lawyers trained in the wake of the recent litigation explosion. This isn't do-it-yourself lawyering, however. The authors see a place for lawyers who are open to summary procedures and creative formats--presenting their best cases within a limited time frame, for instance. Moreover the emphasis is not on forestalling ""greedy"" lawyers, but on maintaining confidentiality, preserving disputants' relationships and keeping things moving through prompt, face-to-face deliberations among the parties. They offer useful comparisons of mediation, arbitration and minitrial proceedings, model dispute resolution clauses for business contracts, and lots of plain language on why a minitrial works--and when it won't. Case histories are described in general terms only--confidentiality works against the reader here--and the authors' inspirational and relentlessly upbeat tone can be wearing. Provocative reading for executives nonetheless, and for the lawyers who will be fielding their questions.

Pub Date: Nov. 6th, 1985
Publisher: Harper & Row