The Discourses Of Dispute Resolution
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The Discourses Of Dispute Resolution
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Author : Vijay Kumar Bhatia
language : en
Publisher: Peter Lang
Release Date : 2010
The Discourses Of Dispute Resolution written by Vijay Kumar Bhatia and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Dispute resolution (Law) categories.
This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.
Introduction To Conflict Resolution
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Author : Sara Cobb
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-07-02
Introduction To Conflict Resolution written by Sara Cobb and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-02 with Political Science categories.
This introductory course text explores the genealogy of the field of conflict resolution by examining three different epochs of the field, each one tied to the historical context and events of the day.
International Arbitration Discourse And Practices In Asia
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Author : Vijay K. Bhatia
language : en
Publisher: Routledge
Release Date : 2017-07-28
International Arbitration Discourse And Practices In Asia written by Vijay K. Bhatia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.
Discourse And Practice In International Commercial Arbitration
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Author : Christopher N. Candlin
language : en
Publisher: Routledge
Release Date : 2016-05-23
Discourse And Practice In International Commercial Arbitration written by Christopher N. Candlin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
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.
Normative Discourse And Persuasion
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Author : Michael R. Walrod
language : en
Publisher:
Release Date : 1988
Normative Discourse And Persuasion written by Michael R. Walrod and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Ethnology categories.
A study of the discourse of Ga'dang, a Philippine language, focuses on normative discourse and persuasion, especially the ways in which the former is used to accomplish the latter. The first five chapters outline the theoretical framework of the study, placing normative and persuasive discourse in a philosophical context and relating them to the fields of cognitive science, to neuropsychology, and to the study of the consequences of literacy to provide an explanation for the substantial differences between Ga'dang normative discourse and that of Western society. The conciliatory nature of dispute settlement in Ga'dang is examined in relation to the sociology or ethnology of law and social control. The normative discourse of dispute settlement is seen as intended to produce group harmony and consensus. Subsequent chapters narrow the focus on normative discourse to those elements central to discourse analysis, and particularly to a distinct type of normative discourse in Ga'dang, informal litigation. The textual characteristics of a substantial portion of one litigation (appended) are identified, and the strategies of persuasion used are discussed. A scale of normativity is used to rank the features of Ga'dang normative discourse, and the results are analyzed. (MSE)
Affective Legal Analysis
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Author : Frank Fleerackers
language : en
Publisher: Duncker & Humblot
Release Date : 2019
Affective Legal Analysis written by Frank Fleerackers and has been published by Duncker & Humblot this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
Gender Power And Mediation
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Author : Jamila A Chowdhury
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2012-11-30
Gender Power And Mediation written by Jamila A Chowdhury and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-30 with Law categories.
This book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power and equity in mediation, it also includes a number of verbatim quotes from different mediation sessions to demonstrate how those theories are operationalised in a real life context. While other contemporary texts on mediation focus on Western style facilitative mediation and its limitations in attaining fair justice for women enduring gendered power disparity and family violence, this text emphasises an evaluative mediation style that is embedded in Eastern social practices. Instead of focusing on gendered power disparity and family violence as limitations on the practice of facilitative mediation, this book details the practice of evaluative mediation which may provide fair justice to women despite the presence of gendered power disparity and family violence in a society.
Discourses On Violence
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Author : Vivienne Jabri
language : en
Publisher: Manchester University Press
Release Date : 1996
Discourses On Violence written by Vivienne Jabri 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.
Political Discourse And Conflict Resolution
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Author : Katy Hayward
language : en
Publisher: Routledge
Release Date : 2010-10-04
Political Discourse And Conflict Resolution written by Katy Hayward and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-04 with History categories.
This book offers new insights into the close relationship between political discourses and conflict resolution through critical analysis of the role of discursive change in a peace process. Just as a peace process has many dimensions and stakeholders, so the discourses considered here come from a wide range of sources and actors. The book contains in-depth analyses of official discourses used to present the peace process, the discourses of political party leaders engaging (or otherwise) with it, the discourses of community-level activists responding to it, and the discourses of the media and the academy commenting on it. These discourses reflect varying levels of support for the peace process – from obstruction to promotion – and the role of language in moving across this spectrum according to issue and occasion. Common to all these analyses is the conviction that the language used by political protagonists and cultural stakeholders has a profound effect on progression towards peace. Bringing together leading experts on Northern Ireland’s peace process from a range of academic disciplines, including political science, sociology, linguistics, history, geography, law, and peace studies, this book offers new insights into the discursive dynamics of violent political conflict and its resolution.