Books outline alternative dispute resolution

"I'll see you in court!"

That people so blithely bandy this phrase about is probably the result of watching too many reruns of "L.A. Law" on television.

But the threat of litigation is still real enough to strike fear in the hearts of businesspeople.

Fortunately, a new law specialty has arisen to help people sort out their stories and resolve their conflicts without resorting to the courts.

Practitioners in Alternative Dispute Resolution (ADR) use mediation, arbitration and negotiation to help both parties come to the table with cool heads so they can avoid lengthy and costly litigation.

Though an hour-long series titled "The Arbitrators" probably won't make it to this fall's TV schedule, you can find out more about ADR in the following books available at the Springfield-Greene County Library.

Call your nearest branch for availability, or visit the Web page at

http://thelibrary.springfield.missouri.org/about/09-06-99.htm

and click on the title of the book.

In today's litigious society, businesses are prime targets.

In addition to staggering costs, legal troubles can subtract huge bites of brainpower and energy from an otherwise solid firm.

Steven Brandt, a professor at the Stanford Graduate School of Business who has taught management to more than 4,000 executives and MBAs, tells how to "Stay Out of Court and In Business," 347.739 B.

Brandt says management and staff need to be on the same page in anticipating legal problems, taking action to avoid claims, and knowing if, when and how to get help.

According to Thomas Crowley, chair of the Alternative Dispute Resolution Section of the Hawaii State Bar Association, ADR involves less cost and aggravation than going to court. It's just one of the settlement techniques addressed in his book "Settle It Out of Court: How to Resolve Business and Personal Disputes Using Mediation, Arbitration and Negotiation," 347.739 C.

ADR may take the form of negotiation in which the disputants work out a settlement on their own.

Mediation brings in an impartial third party to facilitate negotiation and clarify the actual issues. Arbitration allows the disputants to put their positions on the table so a neutral arbitrator can render a decision.

If you're getting flack, it's probably because you're over target, says Barbara Ashley Phillips, law school faculty member and professional mediator. Her book "Finding Common Ground: A Field Guide to Mediation," 347.739 P, contends that ADR is most effective when it forces concentration on what matters and short-circuits balderdash, grandstanding and non-sequiturs.

Holding out the possibility of a win-win situation that makes good business sense for all the parties is the best way to bring this about.

One of the keys to avoiding a courtroom appearance is the creative use of a neutral party in the dispute resolution process, according to James Henry, founder of the Center for Public Resources, a nonprofit coalition of attorneys dedicated to finding alternatives to high-cost litigation.

His book, "The Manager's Guide to Resolving Legal Disputes: Better Results Without Litigation," 347.739 H, devotes a chapter to the search for this qualified third party. Any community, even a relatively small one, has a reservoir of such talent among retired judges, local CEOs and other administrators and community leaders with level heads and reputations for impartiality.

Be sure to read the chapter on body language in "Negotiating for Dummies" by entertainment lawyer and lecturer Michael Donaldson, 658.4052 D. After all, everybody's bilingual