Systematic Analysis In Dispute Resolution


Systematic Analysis In Dispute Resolution
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Systematic Analysis In Dispute Resolution


Systematic Analysis In Dispute Resolution
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Author : Stuart S. Nagel
language : en
Publisher: Praeger
Release Date : 1991-08-30

Systematic Analysis In Dispute Resolution written by Stuart S. Nagel and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-08-30 with Law categories.


Editors Nagel and Mills, along with their contributors, explore the theory and practice of this technique. They demonstrate how to clarify, understand and develop the various options available under alternative dispute resolution, and how to evaluate the probable outcomes.



Conflict Resolution And Its Context


Conflict Resolution And Its Context
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Author : Davide Carneiro
language : en
Publisher: Springer
Release Date : 2014-06-02

Conflict Resolution And Its Context written by Davide Carneiro and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-02 with Computers categories.


This book studies how technological solutions can be used to alleviate the current state of legal systems, with their clogged up courtrooms and inefficient conflict resolution methods. It reviews the shortcomings and disadvantages of traditional and alternative conflict resolution methods and turns to Artificial Intelligence for problem-solving techniques and solutions. The book is divided into four parts. The first part presents a general and systematic analysis of the current state of the legal systems, identifying the main problems and their causes. It then moves on to present UM Court: a framework for testing and prototyping conflict resolution services. This framework was developed with the objective of using Artificial Intelligence techniques to build a service environment for conflict resolution. The third part of the book takes a step into the future by analyzing the use of Intelligent Environments in the support of conflict management and resolution. It describes the approach taken and the experiments performed in the Intelligent Systems Lab of the University of Minho. The final part of the book contains the conclusions and shows the potential advantages of the use of Intelligent Environments as a way to implement better conflict resolution procedures (virtual or real), in which all the participants have access to more and better information and are able to take better informed decisions.



Mediation


Mediation
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Author : John W. Keltner
language : en
Publisher:
Release Date : 1987

Mediation written by John W. Keltner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.


Because the intervention of a neutral third party is currently gaining favor as an alternative form of dispute resolution, this book explores the process of mediation in the context of managing struggle and examines some of the characteristics of mediators, their training and ethics, and the techniques and skills of good mediation. The theory section of the book contains three chapters dealing respectively with basic concepts and contexts, origins and development of mediation, and the mediator. The chapters in the section on practice are as follows: (1) "The Mediator in Action"; (2) "Phases in the Mediation Process"; (3) "Mediator Behaviors: Relationships, Processes, and Strategies"; (4) "Power and the Mediator"; (5) "You Are the Mediator: a Summary of Suggestions"; and (6)"Helping the Parties Use Mediation." The five appendixes include simulated cases for mediation, mediation analysis and evaluation forms, special exercises for mediators-to-be, a section on special projects, and a sample agreement between parties coming to mediation. Eighty-one references are included. (Skc).



Understanding The Efficiency And Effectiveness Of The Dispute Resolution System In South Africa


Understanding The Efficiency And Effectiveness Of The Dispute Resolution System In South Africa
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Author : H. Bhorat
language : en
Publisher:
Release Date : 2012

Understanding The Efficiency And Effectiveness Of The Dispute Resolution System In South Africa written by H. Bhorat 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.


This paper, while broadly located within reforming the labor market policy debate, is specifically focused on one aspect of the labor regulatory regime, namely the dispute resolution system. Hence, we attempt to understand the efficiency and effectiveness of the country's institutionalized dispute resolution body, the Commission for Conciliation, Mediation and Arbitration (CCMA). A better and more informed understanding of the nature of dispute resolution and its determinants, it would seem, remains central to any detailed debate regarding labor market institutions in particular and labor market regulation in general. Ultimately then, the study intends to empirically verify the patterns of dispute referral, settlement and determination regionally, sectorally and historically. It should be noted at the outset that this paper, possibly for the first time for South Africa, provides a detailed on economic and econometric analysis and interpretation of dispute resolution in the post-apartheid period.



The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes


The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes
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Author : Zena Prodromou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-12

The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes written by Zena Prodromou 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 2020-08-12 with Law categories.


In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.



Mediation In The Reflection Of Law And Society


Mediation In The Reflection Of Law And Society
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Author : Lenka Holá
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-12-08

Mediation In The Reflection Of Law And Society written by Lenka Holá 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 2021-12-08 with Law categories.


Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.



Conflict


Conflict
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Author : Sandra I. Cheldelin
language : en
Publisher: A&C Black
Release Date : 2003-08-13

Conflict written by Sandra I. Cheldelin and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-13 with Political Science categories.


Dedicated to an analysis of the emergent role of conflict analysis and resolution this student textbook covers theory, research and practice. The final edition was tested on large classes at the Institute for Conflict Analysis and Resolution throughout the writing process.



Understanding The Efficiency And Effectiveness Of The Dispute Resolution System In South Africa


Understanding The Efficiency And Effectiveness Of The Dispute Resolution System In South Africa
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Author : Haroon Bhorat
language : en
Publisher:
Release Date : 2009

Understanding The Efficiency And Effectiveness Of The Dispute Resolution System In South Africa written by Haroon Bhorat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Dispute resolution (Law) categories.




Conflict Resolution Volume Ii


Conflict Resolution Volume Ii
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Author : Keith William Hipel
language : en
Publisher: EOLSS Publications
Release Date : 2009-11-10

Conflict Resolution Volume Ii written by Keith William Hipel and has been published by EOLSS Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-10 with categories.


Conflict Resolution is a component of Encyclopedia of Institutional and Infrastructural Resources in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The Theme on Conflict Resolution deals with conflict which is an integral component in the utilization and management of all life support systems. These volumes give a comprehensive review on Conflict Domains: Warfare, Internal Conflicts, and the Search for Negotiated or Mediated Resolutions; Analysis methods of conflict and its resolution; Approaches to Conflict ;Resolution; Formal Models for Conflict Resolution and Case Studies. These two volumes are aimed at the following five major target audiences: University and College students Educators, Professional practitioners, Research personnel and Policy analysts, managers, and decision makers and NGOs.



Comparative Dispute Resolution


Comparative Dispute Resolution
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Author : Maria F. Moscati
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25

Comparative Dispute Resolution written by Maria F. Moscati and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.


Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.