Catherwood Library

Alternative Dispute Resolution

Introduction

Alternative dispute resolution (ADR) is a term that encompasses arbitration, mediation and other dispute resolution techniques. Often used as an alternative to litigation, ADR generally refers to a dispute resolution processes in which the parties meet with a professional third party who helps them resolve their dispute.

It was during the 1970s that the acronym ADR was coined. First emerging in the legal profession, driven by the concern over the perceived litigation explosion, the concept grew to include other means of conflict dispute resolution, including ombudsmen and mediation.

The focus of this guide is the use of alternative dispute resolution in U.S. employment relations. Particular attention is paid to the use of arbitration and mediation in unionized settings, both public and private.

Keywords: alternative dispute resolution, ADR, conflict resolution, conflict management, mediation, arbitration

Prepared by Mary Newhart, August 2006; Revised August 2007

 

Starting Points

LLRX: Researching Labor Arbitration and Alternative Dispute Resolution in Employment

http://www.llrx.com/features/adr.htm

By Suzanne Thorpe, Professor of Legal Research Instruction and Laura J. Cooper, Stewart and Mario Thomas McClendon Professor in Law and Alternative Dispute Resolution, University of Minnesota Law School.   This guide lists sources that discuss arbitration and other means of employment dispute resolution in unionized and nonunionized settings. After identifying comprehensive bibliographies on these topics, the guide presents texts that dispute resolution practitioners consider to be essential reference tools. Sources that contain arbitration awards, sources that provide information about alternative dispute resolution professionals, and texts of procedure and ethics rules follow next. The last portion of the guide covers other texts, periodicals, and Web sites that offer additional commentary on arbitration, mediation, and other types of employment dispute resolution.
BNA: Labor and Employment Law Library

http://laborandemploymentlaw.bna.com

ILR School community only

Searchable database electronically available on Catherwood Reference workstations; includes: Significant decisions and reports of arbitrators and agencies beginning September 1979 (volumes 73 to current); Classification of all headnotes written to accompany cases; Arbitration decisions by contract term; and a Directory of arbitrators.

CCH: Labor Arbitration Awards

http://hr.cch.com/ipnetwork

ILR School community only

An electronic resource available on Catherwood Reference workstations.  Users should follow this path to find Labor Arbitration Awards:  Employment Law > Labor Arbitration Awards > Labor Arbitration Awards--1987 – Present.

Print also available in ILR Reference, HD7833 .L126 Labor Law; Law KF3424.A1 C73

Encyclopedias, Dictionaries, and Handbooks

Dictionary of Arbitration and Its Terms: Labor, Commercial, International: A Concise Encyclopedia of Peaceful Dispute Settlement

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Dictionary+of+Arbitration+and+Its+Terms%3A+Labor%2C+Commercial%2C+International%3A+A+Concise+Encyclopedia+&Search_Code=TALL&CNT=50

ILR Reference HF1222.U5 S45 and Law Reference KF9085.A68 S45
Seide, K. Dobbs Ferry, NY: Published for the Eastman Library of the American Arbitration Association, Ocean Publications, 1970.
Dictionary of Conflict Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Dictionary+of+Conflict+Resolution&Search_Code=TALL&CNT=50

ILR Reference and Law Reference KF9085.A68 D53 1999
San Francisco, CA: Jossey-Bass, 1999.
Available in print and electronically
Defining 1,400 terms, the Dictionary of Conflict Resolution offers common and varied uses of terms, clarifies differences between terms, and recommends accurate usage. Compiled and edited by Douglas H. Yarn, in Cooperation with the Society of Professionals in Dispute Resolution and with the support of the William and Flora Hewlett Foundation and the Georgia Consortium on Negotiation and Conflict Resolution.
Encyclopedia of Conflict Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Encyclopedia+of+Conflict+Resolution&Search_Code=TALL&CNT=50

ILR Reference HM136 .B87 1997
Santa Barbara, CA: ABC-CLIO, 1997
This encyclopedia presents concepts, techniques, information, and resources, vital to this important field. Also included are events, people, organizations, training and academic programs. It will be a useful reference work for students, parents, teachers, and business people, as well as mediators and other conflict resolution professionals. Written by sociologists Heidi Burgess and Guy M. Burgess, co-coordinators of the Conflict Research Consortium at the University of Colorado, Boulder, and specialists in the resolution of intractable conflict.
Handbook of Dispute Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&v1=2&ti=1,2&SAB1=handbook&BOOL1=all%20of%20these&FLD1=Keyword%20Anywhere%20%28GKEY%29&GRP1=AND%20with%20next%20set&SAB2=dispute%20resolution&BOOL2=all%20of%20these&FLD2=Keyword%20Anywhere%20%28GKEY%29&GRP2=AND%20with%20next%20set&SAB3=&BOOL3=all%20of%20these&FLD3=Keyword%20Anywhere%20%28GKEY%29&CNT=50&SID=8

Law Library – KF9084 .H36x 2005
San Francisco, CA: Jossey-Bass, 2005
A publication of the Program on Negotiation at Harvard Law School, each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. 
Zimmerman's Research Guide: Arbitration, Mediation and Alternative Dispute Resolution

http://www.lexisnexis.com/infopro/zimmerman/disp.aspx?z=1180

An online encyclopedia for legal researchers that provides information on arbitration information sources, including arbitration awards, arbitration and mediation rules, and treaties and conventions.

Databases

BNA: Workplace Law Report

http://pubs.bna.com/ip/BNA/WHL.NSF/highlights/highlights?OpenDocument&login=1

ILR School community only

Provides weekly coverage of key federal and state court rulings under employment and labor laws, plus information on regulatory actions and administrative rulings. 
Public Employment Law on the Web

http://www.pubemplaw.com/PERS/splash.jsp

Catherwood Library only

Included in this service is ADA Law on the Web, a source for online access to the full-text of federal, state, and local disability compliance and discrimination cases  involving the Americans with Disabilities Act (ADA) and other related laws, dating back to 1990.  Also included are full text of disability-related statutes and regulations.

Lexis: AAA: Labor Arbitration Awards

http://www.lexis.com/

ILR School community only

Subscription available to Cornell ILR Faculty, Staff and Students; please ask at the ILR Reference Desk.  Once in Lexis, users should follow this path to find Labor Arbitration Awards:  Legal > Area of Law - By Topic > Alternative Dispute Resolution > Model ADR Practices and Procedures > American Arbitration Association > AAA Labor Arbitration Awards. 

Also, 1959 -1994 AAA Labor Arbitration Awards are available on microfiche in Catherwood - Fiche 130.

LRP - Arbsearch.com

http://www.arbsearch.com

Catherwood Library only

An electronic resource available via the “Library Networked Resources folder on Catherwood Reference workstations. Database provides an index, summary of cases, and citations to more than 75,000 labor arbitration awards rendered since 1950. Also provides arbitrator biographies, with background and decision statistics.

See also: Guide to publications listed in LRP’s Arbitration Database (link to pdf)

BNA: Labor and Employment Law Library

http://laborandemploymentlaw.bna.com

ILR School community only

Searchable database electronically available on Catherwood Reference workstations; includes: Significant decisions and reports of arbitrators and agencies beginning September 1979 (volumes 73 to current); Classification of all headnotes written to accompany cases; Arbitration decisions by contract term; and a Directory of arbitrators.

BNA: Labor Arbitration Reports

http://laborandemploymentlaw.bna.com

ILR School community only

An electronic resource available via Catherwood Reference workstations; access via BNA's Labor and Employment Law Library.

Print also available in Catherwood Reference, HD5487.U5 L3 Labor Law.

Lexis: CPR Institute for Dispute Resolution 

http://www.lexis.com

ILR School community only

Subscription available to Cornell ILR Faculty, Staff and Students; please ask at the ILR Reference Desk. Once in Lexis, users should follow this path:  Legal > Area of Law - By Topic > Alternative Dispute Resolution > Model ADR Practices and Procedures > CPR Institute for Dispute Resolution.
CRINFO - The Conflict Resolution Information Source

http://www.crinfo.org/

CRInfo is a free, online clearinghouse, indexing more than 25,000 peace- and conflict resolution-related Web pages, books, articles, audiovisual materials, organizational profiles, events, and current news articles.
EISIL - Electronic Information System for International Law

http://www.eisil.org/

Cornell University community only

EISIL focuses on International Law, but includes a section on international arbitration, mediation, & conciliation that Includes NAFTA Chapter Eleven Arbitration. See International Dispute Settlement, Arbitration, Mediation & Conciliation. 
CCH: Labor Arbitration Awards

http://hr.cch.com/ipnetwork

ILR School community only

An electronic resource available on Catherwood Reference workstations.  Users should follow this path to find Labor Arbitration Awards:  Employment Law > Labor Arbitration Awards > Labor Arbitration Awards--1987 – Present.

Print also available in ILR Reference, HD7833 .L126 Labor Law; Law KF3424.A1 C73

Journals

AAA: Arbitration in the Schools

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&SAB1=0003-7885&BOOL1=all+of+these&FLD1=ISBN%2FISSN+%28KISN%29&GRP1=AND+with+next+set&SAB2=&BOOL2=all+of+these&FLD2=Keyword+Anywhere+%28GKEY%29&GRP2=AND+with+next+set&SAB3=&BOOL3=all+of+these&FLD3=Keyword+Anywhere+%28GKEY%29&CNT=25

ILR Reference HD5325.T29 A6 Labor Law
Published by LRP Publications for the American Arbitration Association (AAA), Arbitration in Schools provides summaries of significant private- and public-school labor arbitration cases.
Alternatives to the High Cost of Litigation

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Alternatives+to+the+High+Cost+of+Litigation+&Search_Code=JALL&CNT=50

ILR Library HD5481 .A46
Available electronically and in print. 
New York, NY: Law & Business, Inc.
Published 11 times a year, Alternatives is the official publication of the International Institute for Conflict Prevention & Resolution. It keeps readers up to date with the constantly evolving laws, regulations, and court decisions that shape the ADR landscape. Unlike many other legal newsletters, it brings together practitioners on the cutting edge of ADR to offer practical advice on topics such as successful mediation techniques, advances in arbitration, drafting ADR clauses, and more.
Cardozo Journal of Conflict Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Cardozo+Journal+of+Conflict+Resolution&Search_Code=JALL&CNT=50

Law K3.A73
Available electronically and in print.
Established in 1998, the Cardozo Journal of Conflict Resolution (CJCR), formerly known as the Cardozo Online Journal of Conflict Resolution, has become a key component of the Benjamin N. Cardozo School of Law's commitment to the area of alternative dispute resolution (ADR). As a burgeoning field of law, ADR plays a crucial role in nearly all legal practices. CJCR aims to contribute positively to the academic discourse in this field. As such, CJCR's biannual publication includes a broad range of notes, articles and commentaries from students, professors and attorneys, embracing provocative concepts within the field.
Conflict Resolution Quarterly

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=conflict+resolution+quarterly&Search_Code=JALL&CNT=50

Law Library KF9084.A15 M45
Available electronically and in print.
Conflict Resolution Quarterly publishes scholarship on relationships between theory, research, and practice in the conflict management and dispute resolution field to promote more effective professional applications.  Conflict Resolution Quarterly is sponsored by the Association for Conflict Resolution (formerly the Academy of Family Mediators, the Society for Professionals in Dispute Resolution, and the Conflict Resolution Education Network).  Articles may focus on any aspect of the conflict resolution process or context, but a primary focus is the behavior, role and impact of third parties in effectively handling conflict.
Dispute Resolution Journal

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Dispute+Resolution+Journal&Search_Code=JALL&CNT=50

ILR HD5481.A66; Law K1.R27; also available on microfilm, ILR Library Film 1945 (1937-1942) and (1946-1993).
Available electronically and in print.
The Dispute Resolution Journal, published by the American Arbitration Association, is a world-recognized authoritative resource for advocates, neutrals, parties, educators, public-policy leaders and corporate executives.  In-depth articles by leading practitioners and scholars cover the spectrum of ADR issues, emerging techniques and new applications of ADR processes in commercial and labor practice. Contributors are the foremost experts in areas such as international trade, business, commercial finance, labor relations, construction, the courts, insurance, employment, real estate, intellectual property, health care, computers and high tech. (Formerly titled Arbitration Journal, 1965-1993).
Dispute Resolution Magazine

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Dispute+Resolution+Magazine+&Search_Code=JALL&CNT=50

ILR K2400.D65; Law K2400.A15 D65.
Published by the American Bar Association Section of Dispute Resolution, Dispute Resolution Magazine, provides timely, insightful and resourceful information regarding the latest developments, news and trends in the growing field of dispute resolution throughout the world and features internationally-known scholars and practitioners as authors.
Harvard Negotiation Law Review

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Harvard+Negotiation+Law+Review+&Search_Code=JALL&CNT=50

ILR KF9084 .H37; Law KF10 .H343
Available electronically and in print.
An annual publication from the Program on Negotiation, Harvard Law School, in which scholars from many disciplines discuss negotiation as it relates specifically to law and legal institutions.
Journal of Alternative Dispute Resolution in Employment

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Journal+of+Alternative+Dispute+Resolution+in+Employment+&Search_Code=JALL&CNT=50

ILR HD5481.A68
Available electronically and in print.
The quarterly Journal, published by CCH, includes columns written by nationally recognized experts addressing the important issues of mediation, arbitration and technology as well as recent legislative and regulatory developments—all with a focus on employment-related issues.  In addition, the Journal features useful, in-depth articles covering the spectrum of ADR techniques, including early neutral evaluation, peer review, fact finding, established appeals procedures, negotiation, mediation, arbitration and conciliation.
Journal of Dispute Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Journal+of+Dispute+Resolution&Search_Code=JALL&CNT=50

ILR HD5481 A462; Law KF10 .M675
Available electronically and in print.
The Journal of Dispute Resolution is a student-edited, academic journal published on a semi-annual basis by the University of Missouri-Columbia School of Law in conjunction with the Center for the Study of Dispute Resolution. The Journal contains articles written by nationally prominent authors and students on a wide variety of topics in the rapidly developing field of dispute resolution.
Missouri Journal of Dispute Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Missouri+Journal+of+Dispute+Resolution&Search_Code=JALL&CNT=50

ILR HD5481 A462; Law KF10.M675
Available electronically and in print.
The Journal of Dispute Resolution is a student-edited, academic journal published on a semi-annual basis (December and May) by the University of Missouri-Columbia School of Law in conjunction with the Center for the Study of Dispute Resolution. The Journal contains articles written by nationally prominent authors and students on a wide variety of topics in the rapidly developing field of dispute resolution.  
Negotiation Journal

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Negotiation+journal&Search_Code=JALL&CNT=50

ILR and Law HM136 .N38
Available electronically and in print.
Published by the Program on Negotiation, Harvard Law School, Negotiation Journal is committed to the development of better strategies for resolving differences through the give-and-take process of negotiation.  Negotiation Journal's eclectic, multidisciplinary approach reinforces its reputation as an invaluable international resource for anyone interested in the practice and analysis of negotiation and dispute resolution.
Ohio State Journal on Dispute Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Ohio+State+Journal+on+Dispute+Resolution+&Search_Code=JALL&CNT=50

ILR KF9084.A15 O37; Law KF10.O379
Available electronically and in print.
The Ohio State Journal on Dispute Resolution (JDR) is a student-initiated, student-run publication of The Ohio State University Michael E. Moritz College of Law and is the official law journal of the American Bar Association's Section on Dispute Resolution.  The JDR is dedicated to the exploration of alternative forums for and methods of dispute resolution, such as negotiation, mediation, arbitration, summary jury trials, and mini-trials.  Four issues are published annually, consisting of three articles issues and an annotated bibliography issue.    
Pepperdine Dispute Resolution Law Journal

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Pepperdine+Dispute+Resolution+Law+Journal&Search_Code=JALL&CNT=50

Law - KF10 .P423
Available electronically and in print
Published by the Pepperdine University School of Law, the Journal's mission is to facilitate an intellectual discourse on the rapidly evolving field of alternative dispute resolution. They publish a wide variety of articles presenting different viewpoints and perspectives from practitioners, academics, and students.

Books

Guide to Judicial Management of Cases in ADR

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Guide+to+Judicial+Management+of+Cases+in+ADR&Search_Code=TALL&CNT=50

Available electronically or in print
Law KF9084.N54x 2001
Niemic, Robert J., Stienstra, Donna, and Ravitz. Randall E. Federal Judicial Center, 2001.
This publication offers guidance to federal trial and bankruptcy courts on when and how to refer appropriate cases to ADR and how to manage cases referred to ADR. Answers all kinds of questions about procedures and personnel; includes the Alternative Dispute Resolution Act of 1998, plus a summary of the act and a table of cases.
Behavioral Theory of Labor Negotiations: An Analysis of a Social Interaction System

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Behavioral+Theory+of+Labor+Negotiations%3A++An+Analysis+of+a+Social+Interaction+System&Search_Code=TALL&CNT=50

ILR HD6483 .W25 1991
Walton, Richard E. and McKersie, Robert B. Ithaca, NY: ILR Press, School of Industrial and Labor Relations, Cornell University, 1991.
A seminal text, credited with opening up the field to the work of social science.
The Evolution of Cooperation

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=1&ti=1,1&Search%5FArg=Evolution%20of%20Cooperation&Search%5FCode=TALL&CNT=50&SID=10

ILR, Management, Olin & Uris HM131.A94; Hotel & Law  HM131.A89 1984
Axelrod, Robert M. New York: Basic Books, 1984.
Groundbreaking work that explored the theory of cooperation and introduced the "Tit for Tat" strategy in negotiations.

Getting to Yes: Negotiating Agreement Without Giving In

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Getting+to+Yes%3A+Negotiating+Agreement+Without+Giving+In&Search_Code=TALL&CNT=50

ILR, Hotel, Law, Management BF637.N4 F57 1991; Olin BF637.N4 F57x 1991
Fisher, Roger and Ury, William.  New York, NY: Penguin Books, 1991.
First published in 1981, Fisher and Ury used their experience teaching negotiation classes and workshops at Harvard to open up the field of dispute resolution beyond the walls of the classic-labor management relationship.

Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=1&ti=1,1&SAB1=alternative%20dispute%20resolution&BOOL1=all%20of%20these&FLD1=Keyword%20Anywhere%20%28GKEY%29&GRP1=AND%20with%20next%20set&SAB2=grenig&BOOL2=all%20of%20these&FLD2=Keyword%20Anywhere%20%28GKEY%29&GRP2=AND%20with%20next%20set&SAB3=&BOOL3=all%20of%20these&FLD3=Keyword%20Anywhere%20%28GKEY%29&CNT=50&SID=3

ILR HD42.U83; Hotel HD42.U79 1988
Ury, William, Brett, Jeanne M., & Goldberg, Stephen B.  San Francisco: Jossey-Bass, 1988.
Authors introduce the concept of conflict resolution system design.
Alternative Dispute Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=7&ti=1,7&Search%5FArg=alternative%20dispute%20resolution&Search%5FCode=TALL&CNT=50&SID=3

Grenig, Jay E. St. Paul, Minn: Thomson/West, 2005.
ILR KF9084.G82 2005; Law KF9084.R69 2005
Part of West’s Legal Forms, this title contains extensive forms and analysis related to alternative dispute resolution. It covers all methods of ADR, including arbitration and mediation, and covers disputes over commerce, construction, securities, technology, automobiles, health, labor and employment, and so on.
Alternative Dispute Resolution in a Nutshell

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Alternative+Dispute+Resolution+in+a+Nutshell&Search_Code=TALL&CNT=50

ILR & Law KF9084.Z9 N65 2001
Nolan-Haley, Jacqueline M. St. Paul, Minn.: West Group, 2001.
Quick-reference, pocket sized guide, geared towards students.  Appendices include useful legal references.
Grievance Guide; Arbitration Awards from Bureau of National Affairs (BNA) Union Labor Report 

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=1&ti=1,1&Search%5FArg=Grievance%20Guide&Search%5FCode=TALL&CNT=50&SID=17

ILR HD6490.G7 B95 (current edition in Reference)
Washington, DC: Bureau of National Affairs,
The Grievance Guide presents synopses of current arbitration cases, complete with citations to the full text of arbitration awards that BNA publishes in its Labor Arbitration and Dispute Settlements, which contains coverage of major decisions and reports on arbitrators, fact-finding bodies, and other agencies that are involved in settling labor disputes.  
Handbook of Dispute Resolution

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&v1=2&ti=1,2&SAB1=handbook&BOOL1=all%20of%20these&FLD1=Keyword%20Anywhere%20%28GKEY%29&GRP1=AND%20with%20next%20set&SAB2=dispute%20resolution&BOOL2=all%20of%20these&FLD2=Keyword%20Anywhere%20%28GKEY%29&GRP2=AND%20with%20next%20set&SAB3=&BOOL3=all%20of%20these&FLD3=Keyword%20Anywhere%20%28GKEY%29&CNT=50&SID=8

Law Library – KF9084 .H36x 2005
San Francisco, CA: Jossey-Bass, 2005
A publication of the Program on Negotiation at Harvard Law School, each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. 
How ADR Works

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=How+ADR+Works+&Search_Code=TALL&CNT=50

ILR KF3425 .H69 2002  
Brand, N. (Ed.) Washington, D.C.: BNA Books, 2002.
How ADR Works presents the views of experts on mediation and arbitration to legal professionals on all sides, and at every level of experience. Advocates advise on preparing and presenting a case, while the editor distills their advice in summary chapters. 
How Arbitration Works

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=How+Arbitration+Works&Search_Code=TALL&CNT=50

ILR HD5504.A3 E4 1997; Law KF3424 .E43 1997
Elkouri, Frank, Elkouri, Edna Asper, Volz, Marlin M., & Googin, Edward P. (Editors). Washington, DC: Bureau of National Affairs, 2003.
Elkouri & Elkouri is generally considered the labor arbitrators "bible."  From the Committee on ADR in Labor and Employment Law, American Bar Association, Section of Labor and Employment Law. An exhaustive work; includes bibliographical references and index.
Mediation in the Workplace: A Guide for Training, Practice, and Administration

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Mediation+in+the+Workplace%3A+A+Guide+for+Training%2C+Practice%2C+and+Administration&Search_Code=TALL&CNT=50

ILR HD5481 .W43 2001
Weinstein, R.J. Westport, CT: Quorum Books (2000).
A workplace mediation program supplements or replaces institutional grievance processes in order to increase job satisfaction, boost productivity, reduce employee turnover, and decrease the chances of legal action. Weinstein, a social worker and a labor employment lawyer, provides a powerful administrative, educational, and training tool for human resource professionals, administrators, peer and professional mediators, and students of mediation.

Government

Air Force Alternative Dispute Resolution (ADR) Program

http://www.adr.af.mil/

From the Office of the General Counsel, United States Air Force, this site provides information about the Air Force ADR program, along with extensive links and resources to public and private sector ADR programs. Includes: The Air Force Mediation Compendium: How to Mediate Civilian Personnel Workplace Disputes; Federal ADR Guides; Federal Government & ADR Associations; and more.
DOJ: Office of Dispute Resolution

http://www.usdoj.gov/odr/index.html

The mission of the Office of Dispute Resolution is to promote and facilitate the broad and effective use of alternative dispute resolution (ADR) processes by the Department of Justice and throughout the Executive Branch of the federal government.
FEC: Alternative Dispute Resolution Program. Election Commission

http://www.fec.gov/pages/brochures/adr.shtml

From the U.S. Federal Election Commission who established the Alternative Dispute Resolution Office (ADRO) to promote compliance with the federal election law by encouraging settlements outside the traditional enforcement or litigation processes.
FMCS - Federal Mediation and Conciliation Service

http://www.fmcs.gov

The Federal Mediation and Conciliation Service (FMCS), created in 1947, is an independent agency whose mission is to preserve and promote labor-management peace and cooperation. Headquartered in Washington, DC, with two regional offices and more than 70 field offices, the agency provides mediation and conflict resolution services to industry, government agencies and communities.

Guide to Judicial Management of Cases in ADR

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Guide+to+Judicial+Management+of+Cases+in+ADR&Search_Code=TALL&CNT=50

Available electronically or in print
Law KF9084.N54x 2001
Niemic, Robert J., Stienstra, Donna, and Ravitz. Randall E. Federal Judicial Center, 2001.
This publication offers guidance to federal trial and bankruptcy courts on when and how to refer appropriate cases to ADR and how to manage cases referred to ADR. Answers all kinds of questions about procedures and personnel; includes the Alternative Dispute Resolution Act of 1998, plus a summary of the act and a table of cases.
National Mediation Board

http://www.nmb.gov/

The National Mediation Board (NMB), established by the 1934 amendments to the Railway Labor Act of 1926, is an independent agency that performs a central role in facilitating harmonious labor-management relations within two of the nation's key transportation modes--the railroads and airlines. Pursuant to the Railway Labor Act, NMB programs provide an integrated dispute resolution process to effectively meet the statutory objective of minimizing work stoppages in the airline and railroad industries. 
NLRB - National Labor Relations Board

http://www.nlrb.gov

The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. Site includes NLRB decisions on unfair labor practices that have been filed with the NLRB in one of its 52 Regional, Subregional, or Resident Offices. These decisions often guide arbitrators in their preparation of arbitration opinions and post-hearing briefs.
OPM: Alternative Dispute Resolution: A Resource Guide

http://www.opm.gov/er/adrguide/

From the U.S. Office of Personnel Management, the Guide provides an overall picture of how the most common forms of ADR are being implemented in Federal agencies. It summarizes a number of current ADR programs, and it includes descriptions of shared neutrals programs where agencies have collaborated to reduce the costs of ADR. It provides a listing of training and resources available from Federal and non-Federal sources. It also provides selected ADR-related web sites.

Associations and Organizations

AAA - American Arbitration Association

http://www.adr.org

Founded in 1926, the American Arbitration Association offers a wide range of services, including education and training, publications and the resolution of a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement techniques. Their site includes a focus area on labor, with rules and procedures, forms, guides, and an overview of their services.

Association for Conflict Resolution (ACR)

http://www.acrnet.org/

The Association for Conflict Resolution (ACR) is a professional organization dedicated to enhancing the practice and public understanding of conflict resolution. ACR represents and serves a diverse national and international audience that includes more than 6,000 mediators, arbitrators, facilitators, educators, and others involved in the field of conflict resolution and collaborative decision-making.
Conflict Research Consortium, University of Colorado

http://www.colorado.edu/conflict

The Consortium was founded in 1988 as a multi-disciplinary center for research and teaching about conflict and its transformation. With its primary focus on difficult and intractable conflicts, The Consortium has pioneered efforts to use rapidly advancing information technologies to provide citizens in all walks of life with the information that they need to deal with conflicts more constructively.  Includes links to the Conflict Resolution Information Source and Beyond Intractability, the website of the Intractable Conflict Knowledge Base Project. These systems, which were constructed with the help of more than 250 experts, offer succinct, executive summary-type articles on almost 400 topics as well as links to recommended sources (Web, print, and audiovisual) of more in-depth information.
CPR - International Institute for Conflict Prevention & Resolution

http://www.cpradr.org/

CPR is a membership-based, nonprofit alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of conflict prevention and solution through alternative dispute resolutions.  They offer ADR case decisions and practice guidelines, CLE courses, publications and conferences.


International Ombudsman Association (IOA)

http://www.ombudsassociation.org/

The International Ombudsman Association (IOA) was officially formed in July 2005 following the merger of the University and College Ombuds Association (UCOA) and The Ombudsman Association (TOA). IOA is the largest international association of professional organizational Ombuds practitioners in the world, representing over 500 members from the United States and across the globe.
National Academy of Arbitrators

http://www.naarb.org/

The National Academy of Arbitrators (NAA) is a non-profit professional and honorary organization of arbitrators. Site includes the NAA Code of Professional Responsibility, Proceedings of the Academy, Due Process Protocol and Guidelines, and links to ADR related sites.
United States Ombudsman Association

http://www.usombudsman.org/

The United States Ombudsman Association serves governmental ombudsman offices across the United States and member offices in Canada and other parts of the world.

Cases and Decisions

Guide to Publications Listed in LRP's Arbitration Database
Prepared by the Catherwood Reference Staff, index of sources available via Arbsearch.com (LRP Publications). Link to pdf
LRP - Arbsearch.com

http://www.arbsearch.com

Catherwood Library only

An electronic resource available via the “Library Networked Resources folder on Catherwood Reference workstations. Database provides an index, summary of cases, and citations to more than 75,000 labor arbitration awards rendered since 1950. Also provides arbitrator biographies, with background and decision statistics.

See also: Guide to publications listed in LRP’s Arbitration Database (link to pdf)

BNA: Labor Arbitration Reports

http://laborandemploymentlaw.bna.com

ILR School community only

An electronic resource available via Catherwood Reference workstations; access via BNA's Labor and Employment Law Library.

Print also available in Catherwood Reference, HD5487.U5 L3 Labor Law.

BNA Labor Arbitration Reporters

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=1&hd=1,1&CallBrowse=1&SID=3

ILR Reference HD4802 .L12 Labor Law; Law Reference KF3365 .B95
Published by the Bureau of National Affairs (BNA).  
Master Index I (Vol. 11) contains a general index to labor and employment law issues. Look for "LA" classifications. They indicate Labor Arbitration decisions. Search decisions by the BNA classification numbers--starting in Master Index II (Vol. 11a) and continuing in Labor Arbitration Cumulative Digest and Index volumes (Ref. HD 5487 U5 L3).  If you are having difficulty locating cases, please ask for assistance at the ILR Reference desk.  Also available online via the BNA Labor and Employment Law Library (see below)
BNA: Labor and Employment Law Library

http://laborandemploymentlaw.bna.com

ILR School community only

Searchable database electronically available on Catherwood Reference workstations; includes: Significant decisions and reports of arbitrators and agencies beginning September 1979 (volumes 73 to current); Classification of all headnotes written to accompany cases; Arbitration decisions by contract term; and a Directory of arbitrators.

Retail/Services Labor Report (BNA)

http://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?BBID=382702&DB=local

From the Bureau of National Affairs, published 1974-1986, selected arbitration decision in the “text” section.
White Collar Report (BNA)

Cornell University Library Holdings

http://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?BBID=368727&DB=local

From the Bureau of National Affairs, published 1957-1986, selected decisions in the "text" section.
Lexis: AAA: Labor Arbitration Awards

http://www.lexis.com/

ILR School community only

Subscription available to Cornell ILR Faculty, Staff and Students; please ask at the ILR Reference Desk.  Once in Lexis, users should follow this path to find Labor Arbitration Awards:  Legal > Area of Law - By Topic > Alternative Dispute Resolution > Model ADR Practices and Procedures > American Arbitration Association > AAA Labor Arbitration Awards. 

Also, 1959 -1994 AAA Labor Arbitration Awards are available on microfiche in Catherwood - Fiche 130.

AAA: Arbitration in the Schools

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&SAB1=0003-7885&BOOL1=all+of+these&FLD1=ISBN%2FISSN+%28KISN%29&GRP1=AND+with+next+set&SAB2=&BOOL2=all+of+these&FLD2=Keyword+Anywhere+%28GKEY%29&GRP2=AND+with+next+set&SAB3=&BOOL3=all+of+these&FLD3=Keyword+Anywhere+%28GKEY%29&CNT=25

ILR Reference HD5325.T29 A6 Labor Law
Published by LRP Publications for the American Arbitration Association (AAA), Arbitration in Schools provides summaries of significant private- and public-school labor arbitration cases.
AAA: Labor Arbitration in Government

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Labor+Arbitration+in+Government&Search_Code=TALL&CNT=50

ILR Reference HD5325.C493 L12; Law KF3450.P8 L12
A monthly summary of labor arbitration awards and fact finding recommendations involving agencies of government published by the American Arbitration Association.
AAA: Summary of Labor Arbitration Awards

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=summary+of+labor+arbitration+awards&Search_Code=TALL&CNT=50

ILR Reference HD5504.A3 A422 1973-
Index to the awards of the American Arbitration Association. Also available electronically via Lexis (ILR Subscription) Source: AAA Labor Arbitration Awards
CCH: Labor Arbitration Awards

http://hr.cch.com/ipnetwork

ILR School community only

An electronic resource available on Catherwood Reference workstations.  Users should follow this path to find Labor Arbitration Awards:  Employment Law > Labor Arbitration Awards > Labor Arbitration Awards--1987 – Present.

Print also available in ILR Reference, HD7833 .L126 Labor Law; Law KF3424.A1 C73

Labour Arbitration Cases - Canada Law Book

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Labour+Arbitration+Cases&Search_Code=TALL&CNT=50

ILR Reference, Law, Library Annex KEO650.A49 L12
Central Ontario Industrial Relations Institute, Ontario Labour-Management Arbitration Commission and Ontario. Ministry of Labour. Office of Arbitration (editors). Toronto, Ontario: Canada Law Book
Labor Arbitration Information System (LAIS)

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=2&ti=1,2&Search%5FArg=Labor%20Arbitration%20Information%20System&Search%5FCode=TALL&CNT=50&SID=2

ILR Reference HD5487.U5 L29 Labor Law
Labor Relations Press, issued in two volumes annually.  LAIS covers all the major arbitration reporting services including AAA, BNA, and CCH.  Provides full text of selected private- and public-sector arbitration awards.
Federal Labor Relations Reporter

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=2&ti=1,2&Search%5FArg=federal%20labor%20relations%20reporter&Search%5FCode=TALL&CNT=50&SID=3

ILR Reference KF5365.A6 .F29
Fort Washington, PA: Labor Relations Press, 1979-
Vol. 2, Arbitration Awards, contains an index of labor arbitration decisions involving federal workers.  Brief summaries are also included.
Public Employment Law on the Web

http://www.pubemplaw.com/PERS/splash.jsp

Catherwood Library only

Ask for assistance at the ILR Reference Desk
Contains decisions from the state public employment relations boards and commissions; Including: California Public Employment Relations Board, Florida Public Employees Relations Commission, Illinois State Labor Relations Board, Local Labor Relations Board and Educational Labor Relations Board, Michigan Employment Relations Commission, New Jersey Public Employment Relations Commission, New York Public Employment Relations Board, Ohio State Employment Relations Board, Pennsylvania Labor Relations Board and related state-specific public-sector courts.
Public Sector Arbitration Awards

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Public+Sector+Arbitration+Awards&Search_Code=TALL&CNT=50

Volumes 1-7, 1974 – December, 1983.  Ceased publication with December 1983 issue.  Vols. for 1974 were issued by Industrial Relations Service Bureau; remainder published by Labor Relations Press, Fort Washington, PA
Steelworkers Arbitration Awards

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&v1=1&ti=1,1&Search%5FArg=Steelworkers%20Arbitration%20Awards&Search%5FCode=TALL&CNT=50&SID=5

ILR Reference HD5325.S7 S56 Labor Law
Willis, John W., ed., Pike and Fischer, United Steelworkers of America.  Pittsburgh, PA: United Steelworkers of America, 1950. 
Steelworkers handbook on arbitration decisions. See also Steel Arbitration Digest.

Steel Arbitration Digest

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Steel+Arbitration+Digest&Search_Code=JALL&CNT=50

ILR Reference HD5325.S7 Labor Law S562
Covers cases from 1946 to 1962; Digest of awards published in Steelworkers Arbitration Awards.
USWA: United Steelworkers Arbitration Awards

http://www.uswa1066.org/Arbitration_Awards.html

From the USW web page, posting of current arbitration awards.

Statistics and Data

ADR and Settlement Programs in the Federal District Courts:  A Sourcebook for Judges and Lawyers 1996

http://www.fjc.gov/public/home.nsf/autoframe?openform&url_l=/public/home.nsf/inavgeneral?openpage&url_r=/public/home.nsf/pages/119

The sourcebook is based on a survey of the federal district courts and an analysis of their rules. It describes in detail how each court's alternative dispute resolution and settlement procedures function; includes District-by-District summaries.
Center for Analysis of Alternative Dispute Resolution Systems (CAADRS) 

http://www.caadrs.org/

The Center for Analysis of Alternative Dispute Resolution Systems (CAADRS) supports the collection, analysis and dissemination of information that assists courts in Illinois in making the most effective use of alternative dispute resolution (ADR). One of CAADRS' fundamental goals is making information on court-related ADR available to the widest possible audience.  Site provides Statistical reports on major civil case mediation programs from the Illinois Judicial Circuit.

News

ADRworld.com

http://www.adrworld.com/index.asp

From the American Arbitration Association, ADRWorld.com provides news on arbitration, mediation and all forms of alternative dispute resolution. Features include updates and full text of ADR legislation and regulations in all 50 states and the federal government; summaries and full text of court opinions related to ADR; and a searchable full-text database of laws, rules, policy documents and their news archive.  This is a fee-based service.  ADRWorld.com also offers a free weekly email news update service (headlines only).

BNA: Labor and Employment Law Library

http://laborandemploymentlaw.bna.com

ILR School community only

Searchable database electronically available on Catherwood Reference workstations; includes: Significant decisions and reports of arbitrators and agencies beginning September 1979 (volumes 73 to current); Classification of all headnotes written to accompany cases; Arbitration decisions by contract term; and a Directory of arbitrators.

BNA: Workplace Law Report

http://pubs.bna.com/ip/BNA/WHL.NSF/highlights/highlights?OpenDocument&login=1

ILR School community only

Provides weekly coverage of key federal and state court rulings under employment and labor laws, plus information on regulatory actions and administrative rulings. 
CCH: Labor Arbitration Awards

http://hr.cch.com/ipnetwork

ILR School community only

An electronic resource available on Catherwood Reference workstations.  Users should follow this path to find Labor Arbitration Awards:  Employment Law > Labor Arbitration Awards > Labor Arbitration Awards--1987 – Present.

Print also available in ILR Reference, HD7833 .L126 Labor Law; Law KF3424.A1 C73

Construction Labor Report

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=construction+labor+report&Search_Code=TALL&CNT=50

ILR Reference HD8039.B92 B95
Bureau of National Affairs (editors). Washington: Bureau of National Affairs.
This newsletter reports on labor topics specific to the construction industry.

Daily Labor Report

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Daily+Labor+Report++&Search_Code=TALL&CNT=50

ILR School community only

ILR Reference HD4802 .B95
Washington, DC: BNA, [1996- ]
Available electronically or in print.
The Daily Labor Report covers legal developments, labor and employment legislation, regulations affecting the workplace, human resource trends, and labor-management relations -- from Congress, the courts, unions, businesses, the NLRB, EEOC, and Labor Department.

Government Employee Relations Report (GERR)

Cornell University Library Holdings

https://catalog.library.cornell.edu/cgi-bin/Pwebrecon.cgi?DB=local&SL=none&Search_Arg=Government+Employee+Relations+Report+&Search_Code=TALL&CNT=50

Available in print and electronically
From the Bureau of National Affairs, full coverage of the latest developments in employee relations at federal, state, and local levels.

Web Sites

Cornell Law School: Collective Bargaining and Labor Arbitration (LII)

http://www.law.cornell.edu/topics/collective_bargaining.html

From the Legal Information Institute, Cornell University Law School, provides an overview and links to federal, state, and international legal material.
CRINFO - The Conflict Resolution Information Source

http://www.crinfo.org/

CRInfo is a free, online clearinghouse, indexing more than 25,000 peace- and conflict resolution-related Web pages, books, articles, audiovisual materials, organizational profiles, events, and current news articles.
LLRX: Researching Labor Arbitration and Alternative Dispute Resolution in Employment

http://www.llrx.com/features/adr.htm

By Suzanne Thorpe, Professor of Legal Research Instruction and Laura J. Cooper, Stewart and Mario Thomas McClendon Professo