TO: ADR Executive Committee

FROM: Heather Van Nuys

DATE: January 15, 2010

RE: Deskbook

Terry Foster delivered the initial proposed “Table of Contents.” SeeDraft Table of Contents attached.

Next steps:

1. Comment and revision by ADR Deskbook Committee and Editorial Board. The Table of Contents will be circulated among two groups during the next three weeks for comment and revision: the ADR Deskbook Committee; and the Editorial Board.

2. State and local ADR section comment. The revised Table of Contents will then be circulated to all members of the WSBA ADR section, and country bar associations around the state that have ADR sections or groups. The goal is to deliver the Table of Contents to these various ADR sections (state and local) by February 15, 2010 for comment and revision and make the final revision to the Table of Contentsby March 15, 2010.

3. Conduct needs assessment. The final Table of Contents will be circulated to a broader audience of WSBA to determine whether the proposed book (or alternate form) will fill a need to a degree justifying writing and production.

Delivery options must be considered. Whether we produce a traditional deskbook, a periodic journal addressing discrete topics, some electronic form, another option, or a blend of two or more still remains to be decided. The needs assessment can inform us for this decision.

The project is moving forward. The process has taken longer than expected due to unforeseen circumstances of the volunteers who are doing the bulk of the work.

WSBA ADR DESKBOOK DRAFT TABLE OF CONTENTS

INTRODUCTION- THE EVOLUTION OF ALTERNATIVE DISPUTE RESOLUTION AS A SUBSTITUTE FOR THE CIVIL JUSTICE SYSTEM

THE PRE-EMINENT FORMS OF ALTERNATIVE DISPUTE RESOLUTION

  1. DIRECT NEGOTIATION
  1. MEDIATION
  1. ARBITRATION

MEDIATION BEST PRACTICES

  1. WHAT WORKS AND WHAT DOESN’T?
  1. MEDIATOR SELECTION
  1. EFFECTIVELY MANAGING THE MEDIATION PROCESS
  1. EFFECTIVE ADVOCACY AT MEDIATION
  1. ETHICAL CHALLENGES FOR MEDIATORS AND ATTORNEYS

STATUTORY AND JUDICIAL REGULATION OF MEDIATION

  1. INFLUENCE OF THE UNIFORM MEDIATION ACT, RCW 7.07
  1. IMPACT OF WESTERN DISTRICT OF WASHINGTON LOCAL RULE 39.1
  1. TRUST & ESTATE DISPUTE RESOLUTION ACT (TEDRA)

FAMILY LAW MEDIATION

MEDIATING CONSTRUCTION CLAIMS

MEDIATING CLASS ACTIONS

ARBITRATION BEST PRACTICES

  1. EFFECTIVE ARBITRATION MANAGEMENT

B. ARBITRATOR SELECTION

C. UNIFORM ARBITRATION ACT, RCW 7.04A.

D. FEATURES OF THE FEDERAL ARBITRATION ACT

E. IMPORTANCE OF RULES IN ARBITRATION

G. COMMON ETHICAL CONCERNS IN ARBITRATION

MANDATORY ARBITRATION IN WASHINGTON

ARBITRATING CONSTRUCTION CLAIMS

UNINSURED/UNDERINSURED MOTORIST ARBITRATION

ARBITRATION OF HEALTH CARE ACTIONS, RCW 7.70A

LABOR ARBITRATION

ENFORCEMENT OF ARBITRATION AWARDS