Introduction Foundations Of Dispute Resolution
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Foundations Of Dispute Resolution
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Author : Carrie Menkel-Meadow
language : en
Publisher: Routledge
Release Date : 2017-05-15
Foundations Of Dispute Resolution 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.
This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'. The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.
The Handbook Of Dispute Resolution
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Author : Michael L. Moffitt
language : en
Publisher: John Wiley & Sons
Release Date : 2012-06-28
The Handbook Of Dispute Resolution written by Michael L. Moffitt and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. 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. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
An Introduction To International Arbitration
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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-13
An Introduction To International Arbitration written by Ilias Bantekas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-13 with Law categories.
Comprehensive introductory textbook on the law and practice of international arbitration.
Introduction Foundations Of Dispute Resolution
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Author : Carrie Menkel-Meadow
language : en
Publisher:
Release Date : 2012
Introduction Foundations Of Dispute Resolution written by Carrie Menkel-Meadow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and private processes, as well as more formal and public processes. The essays question whether the development of universal theoretical insights about conflict resolution is possible with variable numbers of parties and issues and in multi-cultural and multi-jural settings. Each volume also presents a coda, summarizing key issues in the field and suggesting further avenues for research. The first volume (and the introductory essay here) reviews the history, theoretical foundations and practices of the primary processes in process pluralism - negotiation, mediation, arbitration and some hybrid processes in both public and private, informal and formal settings. Illustrations of uses of these processes in different substantive areas, e.g. legal disputes, family law, transactional matters, environmental matters, institutional relations, consumer, employment and legal and court reform are provided. The volume collects classic articles in foundational theory and practice while interrogating the issues of how the numbers of parties and issues, different contexts and cultures challenges our efforts to create generalizable theory and practice of human conflict resolution.
The Comparative Law Yearbook Of International Business
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Author : Christian Campbell
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-03-23
The Comparative Law Yearbook Of International Business written by Christian Campbell and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-23 with Dispute resolution (Law) categories.
Conflict avoidance and resolution have always been primary purposes of the law. Satisfaction with judicial processes has declined in many jurisdictions. After the diversion of many disputes from courts to arbitral tribunals, arbitration has now also become a target of intense criticism.This dissatisfaction with binding third party adjudication of disputes coincides with rising tensions among citizens asking basic questions about what they can expect from each other and their governments in a constantly changing world. One response has been the proliferation of processes between disputing parties that are structured and interactive negotiation and assisted by a neutral third party using specialized negotiation and communication techniques. These processes have been labelled “mediation”. While mediation is not focused on the identification and application of legal rights and duties in the way that adjudication is, its success remains dependent on a legal framework which is still evolving in most jurisdictions and especially across borders. In this edition of the Comparative Law Yearbook of International Business, lawyers from nine jurisdictions examine developments relating not only to the framework for cross-border mediation, such as the Singapore Convention or inter-State disputes, or relating to their countries’ overall approaches to regulating this method of dispute resolution, but also relating to specific issues, such as mediator ethics and conflicts of interest, and even exploring the neural science of conflict dynamics.
Dispute System Design
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Author : Lisa Blomgren Amsler
language : en
Publisher: Stanford University Press
Release Date : 2020-06-02
Dispute System Design written by Lisa Blomgren Amsler and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-02 with Law categories.
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
Alternative Dispute Resolution In Tanzania
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Author : Mashamba, Clement J.
language : en
Publisher: Mkuki na Nyota Publishers
Release Date : 2014-09-01
Alternative Dispute Resolution In Tanzania written by Mashamba, Clement J. and has been published by Mkuki na Nyota Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-01 with Law categories.
Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
Enhanced Dispute Resolution Through The Use Of Information Technology
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Author : Arno R. Lodder
language : en
Publisher: Cambridge University Press
Release Date : 2010-06-03
Enhanced Dispute Resolution Through The Use Of Information Technology written by Arno R. Lodder and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-03 with Law categories.
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
Principles Of Dispute Resolution
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Author : David Spencer
language : en
Publisher:
Release Date : 2016
Principles Of Dispute Resolution written by David Spencer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Arbitration and award categories.
Principles of Dispute Resolution 2nd edition has been revised to provide up-to-date commentary on the development of the law. In particular, the text focuses on the new and amended legislation in both State and federal jurisdictions, along with the developing case law on dispute resolution. Topics covered by this work include -- What is dispute resolution? -- Negotiation -- Mediation -- Arbitration -- Additional dispute resolution processes such as: conciliation; partnering; dispute review advisers and boards; and adjudication, appraisals and determinations -- Jurisdictional hybrids of dispute resolution such as: collaborative law; restorative justice; combined processes; and online dispute resolution -- Statutory dispute resolution schemes -- Legal issues such as: confidentiality; privilege; immunity; enforceability of settlement agreements; and enforceability of dispute resolution clauses in contracts -- Ethics and standards -- The future of dispute resolution.
A Handbook Of Dispute Resolution
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Author : Karl J Mackie
language : en
Publisher: Routledge
Release Date : 2013-01-11
A Handbook Of Dispute Resolution written by Karl J Mackie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-11 with Social Science categories.
A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.