by Andrea Doneff and Abraham P. Ordover
Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR.
Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues, and other useful resources.
About the Authors
Andrea Doneff is an associate professor and Director of the Legal Skills and Professionalism Program at Atlanta’s John Marshall Law School, where she teaches courses on ADR, Mediation, Legal Writing, Civil Procedure, and Transactional Drafting. Ms. Doneff writes in the area of arbitration and negotiation. She has been mediating and arbitrating for over twenty years, concentrating on business litigation including contracts, franchise, and employment matters
Abraham P. Ordover founded Resolution Resources Corporation. While in practice he mediated over 1,500 cases. Though he mediated a wide variety of cases, his specialty was complex, often multiparty disputes involving business, government and other parties. His work in superfund cases was national in scope and usually involved billions of dollars in dispute. He retired from active practice in 2011. A graduate of Syracuse University and Yale Law School, Mr. Ordover practiced as a litigator before becoming a law professor in 1971. He taught at Hofstra University Law School and Emory until 1991 when he founded Resolution Resources and engaged in full time dispute resolution. He served as Northeast Regional Director of the National Institute for Trial Advocacy and was a member of its national faculty for many years.
Retail Price: $60
Now in its Third Edition, Alternatives to Litigation reflects the growth in alternative dispute resolution and also the growing interest, and in some states mandatory use of, ADR.
Criminal Litigation & Legal Issues in Criminal Procedure is designed to incorporate the substantive law of criminal procedure into a trial advocacy course.
The collaborative effort of Professors Steve Lubet and Elizabeth Boals has resulted in a Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them that is worthwhile to both the expert witnesses and the lawyers who examine them.
Evidence Problems presents a set of problems designed primarily as supplementary material for an introductory course in Evidence. These problems allow the first-time evidence student to gain a working knowledge of how the rules work in connection with a set of recurring trial situations.
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This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA’s performance-based training for trial lawyers and adapt it to training for mediators. The Art of Mediation includes details that are often overlooked such as optimal seating arrangements during meetings. The excerpt and graphic below take a look at that section of this book.
Some mediators prefer to work around tables, others do not like to use them unless absolutely necessary because they form a barrier between people. If the mediation requires reference to objects or documents, it may be inconvenient to work without a table. For more relational mediations, tables can be physical and psychological components that keep people apart or help people feel more secure.
Chairs should be positioned so that everyone can see and hear other participants easily. We prefer to keep a distance between the chairs of the parties, which prevents them from leaning and touching or gesturing at the other party in threatening or offensive ways. We also want the chairs of the parties to be at an angle to each other so they can easily make eye contact but are not in a confrontational face-to-face physical position.
In large group sessions, semicircular seating arrangements facing a wall on which flip chart pages are posted are often helpful. When observers are present but not participating at the table, a “fish bowl” offers a logical and effective format, putting the participants in the center and the observers around them.
reviewed by NITA faculty member and guest blogger, Karen Steinhauser
Ever since travelling to New Orleans and dining on a riverboat, Fred Glenn and his wife dreamed of operating a restaurant on a boat. That dream became a realty four years later with the launching of The Riverboat Queen, a paddleboat that Glenn had designed and built. Then his dream turned into a nightmare when he got a terrible phone call telling him that his dream, his livelihood, had sunk and had been found on the bottom of the lake.
The nightmare only got worse when he hired Marine Recovery and Salvage to raise the boat and they couldn’t get it done, and he had to fire them and hire another company. Then, even though his insurance wasn’t due to be renewed until three days after he lost the boat, the insurance company refused to pay the insurance claim, claiming that Glenn had not properly maintained the boat and that he intentionally sunk the boat.
After another company was able to raise the boat, the problems continued when Nita City terminated Glenn’s lease for the dock where The Riverboat Queen had been docked for years, claiming that he violated the law and did not have the boat insured.
Finally, to add insult to injury, the State of Nita brought criminal charges against Glenn, alleging (1) a violation of the Nita Water Hazards Act in that he recklessly caused the sinking of the boat, creating a condition that could lead to discharge of pollutants into the lake, and (2) attempted insurance fraud alleging that Glenn submitted a false claim to his insurance company.
MRS v. Riverboat Queen, by Cheryl Brown Wattley of UNT Dallas College of Law, is a unique case file in that it really contains four separate case files each utilizing different claims, theories of liability, and defenses, but all of them sharing the same witnesses. It can provide instructors with the opportunity to teach advocacy in various types of legal scenarios while still being able to utilize the same basic witnesses and same basic facts for each of the case scenarios.
The cases are:
The file contains 52 exhibits including contracts, memos to the file, photographs, and emails. The three civil case files all present issues not only of the substantive claims, but also as to how the damages for each of the claims are calculated. Many of the witnesses overlap in the various case files depending on how many witnesses instructors want to use. The witness statements themselves are unique because while there are depositions for each witness, there are supplements to the depositions that provide additional information from the particular witness corresponding to the individual case file that is being used.