Democracy And Dispute Resolution
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Democracy And Dispute Resolution
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Author : Society of Professionals in Dispute Resolution (U.S.). Conference
language : en
Publisher:
Release Date : 1997
Democracy And Dispute Resolution written by Society of Professionals in Dispute Resolution (U.S.). Conference and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with categories.
Resolving Public Conflict
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Author : E. Franklin Dukes
language : en
Publisher: Manchester University Press
Release Date : 1996
Resolving Public Conflict written by E. Franklin Dukes and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Conflict management categories.
Drawing on conflict resolution experience and recent democratic theory, Dukes traces the philosophical roots and development of the public conflict resolution field. He examines in detail how it has worked in practice, in the US and other western democracies.
Democracy And Dispute Resolution
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Author : Richard C. Reuben
language : en
Publisher:
Release Date :
Democracy And Dispute Resolution written by Richard C. Reuben and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Multi Party Dispute Resolution Democracy And Decision Making
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Author : Carrie Menkel-Meadow
language : en
Publisher: Routledge
Release Date : 2017-05-15
Multi Party Dispute Resolution Democracy And Decision Making written by Carrie Menkel-Meadow and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
A Matter Of Dispute
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Author : Christopher J. Peters
language : en
Publisher: Oxford University Press
Release Date : 2011-01-19
A Matter Of Dispute written by Christopher J. Peters and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-19 with Law categories.
Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Democracy And Dispute Resolution
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Author : Richard C. Reuben
language : en
Publisher:
Release Date : 2006
Democracy And Dispute Resolution written by Richard C. Reuben and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
There has been growing discussion in law reviews and business journals about the so-called new workplace, which is distinguished from the old, in part, by greater employee mobility and job flexibility. This article extends that discussion by exploring the implications of the new workplace for the design of dispute resolution systems. In particular, it argues that the structure and values of the new workplace correspond to the essential values of democratic governance, and that dispute resolution should be integrated into the new workplace in a way that enhances rather than diminishes these core democratic values. As I have articulated in earlier work, these values specifically include personal autonomy, as well as certain political values (participation, accountability, transparency and rationality), legal values (equality and due process), and social capital values (trust in government, social connection and reciprocity). The article further discusses how mediation and arbitration can be integrated into the new workplace in ways that enhances their democratic character, as defined by these dimensions. Finally, it draws upon the organizational behavior and related literatures to provide empirical support for the proposition that more democratic programs can facilitate such traditional management objectives as recruitment and retention, enhanced employee performance, and compliance with corporate rules, policies, and goals.
Deliberative Democracy As Dispute Resolution
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Author : Hiro N. Aragaki
language : en
Publisher:
Release Date : 2010
Deliberative Democracy As Dispute Resolution written by Hiro N. Aragaki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
In recent years, there has been a growing recognition of the congruence between deliberative democracy and interest-based dispute resolution (or “IBDR”). To the IBDR community (of which I consider myself a part), these developments tell a larger story about IBDR's social and political calling. Not satisfied with Owen Fiss's famous critique of alternative dispute resolution as appropriate only for “quarrels between neighbors” and the like, IBDR theorists have sought to demonstrate the relevance of their discipline for broader questions about democratic citizenship and political design. Deliberative democracy, broadly conceived, has for some time been viewed as IBDR's natural ally in these and similar efforts. Both plainly emphasize the value of participatory, dialogic processes predicated on mutual respect and cooperation. And at first glance, both appear to believe in the benefits of interest-based problem solving. The perception of such common origins and normative commitments has generated a tremendous amount of optimism-especially from the IBDR side-about the potential for cross-pollination and collaboration between the two fields. But in our enthusiasm to celebrate the synergy between IBDR and deliberative democracy, it strikes me that we may have failed to grapple with some foundational questions about the significant differences that set them apart. Is it so clear, for example, that deliberative democracy is a scaled-up model of dispute resolution - a sort of dispute resolution “writ large”' Do both fields regard interest-based problem solving in compatible ways' Many have posed these questions, but few have offered any detailed answers. This article focuses on IBDR and deliberative democracy's differing orientations to conflict as a way to begin thinking more seriously about some of these questions.
Democracy And Dispute Resolution
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Author : Andrea Kupfer Schneider
language : en
Publisher:
Release Date : 2008
Democracy And Dispute Resolution written by Andrea Kupfer Schneider and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
The question of dispute resolution systems for international organizations is of growing importance. Not only has there been a plethora of new international and regional organizations created in the last decade, but this trend is likely to continue. There are numerous proposals for multilateral free trade areas and agreements across Latin America and the Caribbean as well as in Asia. At the same time, existing international trade organizations have come under increasing scrutiny for their inability to reflect accurately the needs and concerns of the citizens of the member countries. This article takes a different approach to understanding questions of democracy and legitimacy in international organizations by examining the dispute resolution mechanisms used in these organizations. An alternative method of assessing legitimacy and democracy in international organizations would be to look at the ability of individuals to enforce the rules once they are enacted. In the end, I shall argue that increasing individual involvement in dispute resolution-by granting individuals rights and standing under these organizations-is an appropriate way to increase the legitimacy of international trade organizations.As regional and international organizations are created, nations should examine carefully the type of dispute resolution mechanism they establish. International trade organizations diminish the returns of the treaty by limiting their dispute resolution mechanisms to states. By providing rights without a remedy, these international trade organizations are limiting both their impact and their legitimacy. The solution is to reduce the link between domestic or short-term political interests of countries and their trade policy by granting individuals standing to bring cases for treaty violation.
Civil Justice Privatization And Democracy
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Author : Trevor C.W. Farrow
language : en
Publisher: University of Toronto Press
Release Date : 2014-04-30
Civil Justice Privatization And Democracy written by Trevor C.W. Farrow and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Law categories.
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Dispute Resolution And Democracy In The 1990s
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Author : Society of Professionals in Dispute Resolution (U.S.). Conference
language : en
Publisher:
Release Date : 1990
Dispute Resolution And Democracy In The 1990s written by Society of Professionals in Dispute Resolution (U.S.). Conference and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Arbitration, Industrial categories.