Getting Started
What is "Alternative Dispute Resolution"?
Alternative Dispute Resolution (ADR) refers to a range of methods, such as arbitration, mediation, and negotiation, used to resolve disputes without litigation.
This Harvard Law School research guide offers resources and strategies for researching ADR methodologies and practices, both within the HLS library and beyond.
Good Starting Points for ADR Research in the U.S.
-
ADR Practical Guidance [Bloomberg login]Practical guidance for ADR methods including forms, drafting guides, and checklists.
-
ADR Processes and Procedures (U.S.) [Lexis login]This resource provides an overview of the ADR options litigants most frequently pursue, including negotiation, mediation, conciliation, early neutral evaluation, arbitration, and hybrid mediation-arbitration proceedings.
-
Alternative Dispute Resolution Course Study Collection [Westlaw login]"A list of essential Practical Law resources to help you learn the basics taught in Alternative Dispute Resolution law school courses."
Secondary Sources
Encyclopedias & American Law Reports
Legal encyclopedias contain brief, broad summaries of legal topics. They provide introductions to legal topics and explain relevant terms of art. State encyclopedias can also be found on Westlaw and Lexis.
The American Law Reports contains in-depth articles on narrow topics of the law. Use the following Indices to access the ALR. Note: Lexis also has some ALR materials but Westlaw's are more complete.
General Resources
-
Alternative Dispute Resolution in a Nutshell
by
Call Number: KF9084 .N647 2021ISBN: 9781684674336Publication Date: 2021-09-29This title presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various mixed mode hybrids such as arb-med, med-arb, consensus-building as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration. Other topics include dispute system design, implicit bias, repeat player bias, and third-party funding. -
Examples and Explanations for Dispute Resolution
by
Call Number: KF9084 .M64 2020ISBN: 9781543805840Publication Date: 2019-10-16Dispute Resolution, Fourth Edition combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. -
Mastering Alternative Dispute Resolution
by
Call Number: KF9084 .F44 2014ISBN: 9781611632019Publication Date: 2015-04-01Negotiation, mediation, and arbitration are skills which are usually taught by doing, but there are a number of fundamentals that need to be studied. This book introduces the reader to those fundamentals and uses examples to show how to put them to practical use. -
Principles of Alternative Dispute Resolution
by
Call Number: KF9084 .W367 2023ISBN: 9781684677276Publication Date: 2023-03-29Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and case law accessible to the student or lawyer. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice, and legal doctrine.
Arbitration
Books
-
The Law and Practice of United States Arbitration
by
Call Number: KF9085 .C37 2018ISBN: 9781944825164Publication Date: 2018, 6th ed.A comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters—employment, labor, consumer transactions, and business—and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law.
-
A Practitioners Guide to Arbitration
by
Call Number: KF9085 .A93 2023ISBN: 9781639053124Publication Date: 2023-12-01"A guide for practitioners during arbitration"-- -
Settlement Agreements in Commercial Disputes
by
Call Number: KF9085 .S482ISBN: 9781543813241Publication Date: 2020-10-14With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today.
Databases
-
Jus MundiGo to the "Publications" tab and enter the relevant keyword in the search bar.
-
Kluwer ArbitrationSelect "Books & Publications" from the left sidebar and enter the relevant keyword.
-
Oxford Public International LawEnter the relevant keyword in the search bar and filter by "Commentary and analysis" under "Content type."
-
Dispute Settlement Commentaries for WTO Arbitrations.Dispute Settlement Commentaries for all WTO Arbitrations. The Commentaries are broken down by type of arbitration, and are listed chronologically by date of circulation.
Mediation & Conciliation
Books
-
Commercial Mediation Practice Guide
by
Call Number: KF9084 .P53 2022ISBN: 9781639052349Publication Date: 2023-11-07 -
International Conciliation
by
Call Number: KZ6124 .I58 IndexISBN: 1575886855Publication Date: 2001 -
International conciliation, with special reference to the work of the United Nations Concilation
by
Call Number: Asia 8255.50.7 Hours & infoPublication Date: 1963
-
La médiation internationale : entre guerre et paix
by
Call Number: JZ6045 .D55 2022ISBN: 9782724638752Publication Date: 2022
-
Mediating Legal Disputes
by
Call Number: KF9085 .G63 2021ISBN: 9781641059138Publication Date: 2022 -
Mediation: Law, Policy, & Practice
by
Call Number: Westlaw loginPublication Date: 2022-2023 ed. (Updated yearly)
Databases
-
Jus MundiNavigate to the "Publications" tab and enter the relevant keyword into the search bar.
-
Kluwer Law OnlineEnter the appropriate keyword in the search bar.
-
Oxford Public International LawEnter the relevant keyword in the search bar and refine your results by selecting "Commentary and analysis" under "Content type."
Negotiation
Books
-
Legal Negotiation in a Nutshell
by
Call Number: KF9084 .T47 2023ISBN: 9781685614560Publication Date: 2022-10-20Follows the entire process from opening negotiations to settlement. Text first introduces negotiation in law practice and representing a client in legal negotiation. Covers the basic types of legal negotiations, case evaluation, and preparation. Also addresses the types of legal disputes that should not be negotiated. Examines negotiating styles, strategies, and tactics as well as the stages of legal negotiation. -
Negotiation Essentials for Lawyers
by
Call Number: KF9084 .N443 2019ISBN: 9781641054805Publication Date: 2019-01-01This practical guide covers more than fifty key negotiation topics. It is the only book on negotiation that takes an array of crucial negotiation elements and makes them easy not only to read, but to use. All chapters share a standard format, so lawyers can find the essentials quickly. Subject matter experts from a variety of fields summarize the best and most recent research and theoretical advances in negotiation.
Databases
-
Jus MundiGo to the "Publications" tab and enter the relevant keyword in the search bar.
-
Kluwer Law OnlineEnter the appropriate keyword in the search bar.
-
Oxford Public International LawEnter "Negotiations and consultation" in the search bar, then filter the results by "Commentary and materials" under content type.
Using Secondary Sources
As you can see, secondary sources are an excellent starting point for your research. To learn more about what they are and how to use them effectively, please visit the following guide:
U.S. Decisions
Law
-
Vital LawThis database assists users in locating arbitration decisions and cases from U.S. courts that pertain to arbitration issues. To start, enter a relevant keyword in the search bar, and use the filtering options on the left side, such as jurisdiction (federal or state), to refine your results.
-
Justia - Arbitration Cases, Dockets and FilingsJustia Dockets & Filings provides public litigation records from the federal appellate and district courts.
ADR Decisions by Area of Law
Consumer Law
-
AAA Consumer Arbitration Awards (Lexis+)American Arbitration Association (AAA) Consumer Decisions cover disagreements between consumers and businesses where the business has a standardized, systematic application of arbitration clauses with customers. Decisions from 2014 through current.
Labor Law
-
AAA Labor Awards (Lexis+)AAA provides national arbitration services. Includes decisions from 2003 - current.
-
Labor Arbitration Awards (CCH) (Westlaw)Includes select labor arbitration decisions from 1900 through 1985, and full coverage from 1986 to present.
-
National Academy of Arbitrators (NAA) L&E Arbitration Filters (Lexis+)The National Academy of Arbitrators (NAA) is an organization of Labor & Employment arbitrators in the United States and Canada. Decisions from 2023 through current.
Securities Law
-
FINRA - Arbitration Awards (FINRA)The Financial Industry Regulatory Authority (FINRA) offers a database of arbitration awards that allows users to conduct web-based searches for FINRA and historical NASD arbitration awards at no cost. Additionally, the site provides access to historical awards from the New York Stock Exchange, the American Stock Exchange, the Philadelphia Stock Exchange, and the Municipal Securities Rulemaking Board.
-
New York Stock Exchange Arbitration Decisions (Lexis+)Decisions between 1989-2009.
International Decisions
Conciliation
-
ICSID - ConciliationInternational Centre for Settlement of Investment Disputes (ICSID). Please select "Conciliation" as the case type in the left column.
-
Jus MundiNavigate to the "Cases" section and type "Conciliation" into the search bar.
-
Oxford Public International LawNavigate to the left column of your screen, click "Product," and select "Oxford Reports on International Law." Then, enter the relevant keyword in the search bar.
-
Permanent Court of ArbitrationNavigate to the "Type of Case" section and choose either "Interstate conciliations" or "Contract-based conciliation-mediation."
Arbitration
-
Case Law on UNCITRAL Texts (CLOUT)UNCITRAL has established a system to collect and disseminate information on court decisions and arbitral awards relating to UNCITRAL texts.
-
CPR Institute for Dispute Resolution - Arbitration Awards (Westlaw)International Institute for Conflict Prevention & Resolution (CPR Institute for Dispute Resolution). Coverage from 2000-2007.
-
ICC International Chamber of Commerce - Arbitration Awards (Westlaw)International Chamber of Commerce (ICC). Coverage dates: 1975 - 2004.
-
ICSID - AbitrationPlease select "Arbitration" as the case type in the left column of the International Centre for Settlement of Investment Disputes (ICSID).
-
Investment ClaimsNavigate to the "Content type" tab and select "Arbitral cases" under the "Case reports" section.
-
ITA LawITA Law (italaw.com), managed by the University of Victoria (Canada), is an online database for international investment treaty arbitration.
-
Jus MundiNavigate to the "Cases" section and type "Arbitral award" into the search bar.
-
Kluwer ArbitrationSelect the "Overview" tab, then choose "Cases & Awards" and type the relevant keyword in the search bar.
-
Oxford Public International LawNavigate to "Content type," then select "Case reports," and choose "Arbitral cases".
-
Oxford Public International LawNavigate to "Content type," select "Arbitral cases," and enter the relevant keyword in the search bar.
-
Permanent Court of ArbitrationNavigate to the "Type of case" section and choose either "Interstate arbitrations", "Investor-state arbitrations", or "Contract-based arbitrations"
-
Permanent Court of Arbitration - Awards (Westlaw)Coverage begins with 1999.
Mediation
-
IPOS MediationThis case law database, which lists judgments relevant to mediation in the United Kingdom.
-
Jus MundiNavigate to the "Cases" section and type "Mediation" into the search bar.
-
Oxford Public International LawNavigate to the left column of your screen, click "Product," and select "Oxford Reports on International Law." Then, enter the relevant keyword in the search bar.
Additional Resources
ADR at Harvard Law School
-
Harvard International Negotiation ProgramThe Harvard International Negotiation Program builds theory and practical tools to address the emotional and identity-based roots of modern conflict.
-
Harvard Law School Negotiation and Mediation Clinical ProgramThe Harvard Negotiation & Mediation Clinical Program (HNMCP) is the nation’s first legal clinic focusing on dispute systems design and conflict management.
-
Harvard Law School Program on NegotiationThe Program on Negotiation (PON) is an interdisciplinary research center dedicated to developing the theory and practice of negotiation and dispute resolution in a range of public and private settings.
-
Harvard Mediation ProgramHMP provides diverse opportunities to learn, practice and teach mediation, and to serve the community by promoting effective mediation services.
-
HLS Faculty - ADR Interest AreaThis page lists all HLS faculty members who list ADR among their areas of scholarly interest.
Organizations
-
American Arbitration AssociationAAA is the largest private global provider of alternative dispute resolution (ADR) services in the world.
-
JAMS (jamsadr.com)JAMS (formerly Judicial Arbitration and Mediation Services) is one of the largest providers of ADR services in the world.
Additional Resources
-
Dispute Resolution InstituteTheir collection features "Mediation Case Law Data", "Mediation Case Law Teaching Videos", and "Negotiation Teaching Materials."
-
Dispute Resolution Magazine (Westlaw login)The Magazine provides timely, insightful and resourceful information regarding the latest developments, news and trends in the field of dispute resolution. Selected coverage begins with 1996 (vol. 3) through 2007 (vol. 13:2). Full coverage begins with 2007 (vol. 13:3)
-
From the Field: An Ombuds Guide2021 report by Oladeji Tiamiyu, Clinical Fellow in the Harvard Negotiation and Mediation Clinical Program.
-
IndisputablyA "blog devoted to linking dispute resolution scholarship, education, and practice."
-
Kluwer Arbitration BlogThe blog provides expert insights, updates on legislative changes, real-world examples, and additional valuable content.
-
Kluwer Mediation BlogThe blog offers professional perspectives, legal developments, case studies, and more.
-
National Institute of Justice: Dispute ResolutionSearch of the NIJ database for all materials to which the keyword "dispute resolution" has been assigned.
Getting Help
Contact Us!
Ask Us! Submit a question or search our knowledge base.
Chat with us! Chat with a librarian (HLS only)
Email: research@law.harvard.edu
Contact Historical & Special Collections at specialc@law.harvard.edu
Meet with Us Schedule an online consult with a Librarian
Hours Library Hours
Classes View Training Calendar
Credit and CC License
Credit
Thank you to Jennifer Allison for her work on the initial version of this guide.
CC License
This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.
You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner.