How ADR Works

How ADR Works is an invaluable resource for both beginning and seasoned labor and employment law practitioners that provides guidance on multiple facets of dispute resolution. Guidance covers achieving better outcomes, understanding what mediators and arbitrators are looking for, how neutrals decide arbitration cases, succeeding in mediation and arbitration, and crafting stronger ADR programs and settlement agreements.


A companion volume to Elkouri and Elkouri: How Arbitration Works 

How ADR Works presents the wisdom of top practitioners, both advocates and neutrals, in the area of labor and employment arbitration and mediation. Experts in the field offer advice on preparing yourself, your client, and your case for mediation and arbitration. Geared toward both beginning and seasoned legal professionals, this resource provides invaluable guidance, including how to:

  • prepare for mediation and arbitration
  • provide the procedural protections for employment arbitration required by the Supreme Court
  • create fair procedures to ensure due process protection
  • improve your success as an advocate in employment arbitration

Written for practitioners, this unique publication is especially important in view of the increasing use of mediation by courts and agencies as a way of resolving employment claims.

The editor provides insightful “Putting It Together” pieces—enabling you to gain the best perspective from both sides of the issue. The commentary synthesizes diverse views into cohesive advice for improving your practice.


Part I: How Advocates Start the Process

Part II: Mediation

  • How Mediators Operate
  • How Mediators View Their Role and the Role of Advocates
  • How Advocates Prepare Themselves, Their Clients, and Their Cases for Mediation
  • Advocacy in Mediation
  • Mediating Class Actions

Part III: Arbitration

  • How Arbitrators View Arbitration
  • How Arbitrators Decide Cases
  • How Arbitrators Run a Hearing and What They Expect From the Parties
  • Preparing for Arbitration
  • Representing the Client in Arbitration

Part IV: Drafting Issues

  • Drafting ADR Programs
  • Drafting Settlement Agreements


Request a demo of Bloomberg Law today and see how we deliver everything you need to stay one step ahead of arbitration developments.


Norman Brand has more than 30 years’ experience as arbitrator and mediator in more than 3,000 labor, employment, and other cases.


Main Volume

2002/1,166 pp. Hardcover/ISBN 978-1-57018-253-2/Order #1253


"How ADR Works conveys the message that alternative dispute resolution is an art to be mastered, not a body of rules to be learned."

Phyllis W. Cheng

Editor-in-Chief, California Labor & Employment Law Review, December 2003, Volume 17, No. 6

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