Foundations Of Dispute Resolution

Author by : Carrie Menkel-Meadow
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 68
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Description : 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.


Dispute Resolution

Author by : Carrie J. Menkel-Meadow
Languange : en
Publisher by : Aspen Publishers
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 832
File Size : 51,6 Mb
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Description : Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter


Enhanced Dispute Resolution Through The Use Of Information Technology

Author by : Arno R. Lodder
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 377
File Size : 51,8 Mb
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Description : 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.


Regulating Dispute Resolution

Author by : Felix Steffek
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 148
File Size : 51,5 Mb
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Description : This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution.


Mediation Law

Author by : Penny Brooker
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 12
Total Download : 335
File Size : 50,7 Mb
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Description : In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.


Dispute Resolution Journal

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 489
File Size : 41,6 Mb
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The Oxford Handbook Of Conflict Management In Organizations

Author by : William K. Roche
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 626
File Size : 46,5 Mb
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Description : New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. This Handbook gives a comprehensive overview of thisgrowing field, which has seen an explosion of programmes of study in university business and law schools and in executive education programmes.


Game Of My Life Ohio State Buckeyes

Author by : Steve Greenberg
Languange : en
Publisher by : Sports Publishing
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 255
File Size : 43,8 Mb
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Description : A. J. Hawk can isolate the game of his life, the 2006 Fiesta Bowl against Notre Dame, not because of individual statistics, but because of what the game represented. “I think the fact that it was the end of an amazing four years—four big Bowl wins; three Michigan wins; lots of victories in those four years; and an amazing group of teammates and coaches—is why it felt like the game of my life,” Hawk said. Jan White has a different reason for the game of his life: He scored his first touchdown as a Buckeye, playing a position he didn’t necessarily want to play. “It became a footrace I was determined to win,” White says of his 72-yard reception from Rex Kern against Northwestern in 1968. Whoever they are and whatever the reason, there always is “the” game in a player’s memory bank. The folks, whose stories are chronicled in Game of My Life Ohio State Buckeyes, tell you why a certain game was the best, providing the detail, the color, and the emotion that only a player can share. Football fans, most especially those card-carrying members of Buckeye Nation, will be enlightened and entertained by these stories. Buckeye greats such as Archie Griffin, Cris Carter, Mike Lanese, and Bob Hoying relive their legendary moments—from the sidelines to the huddle, from the depths of impending defeat to the pinnacle of glory. It just doesn’t get any better.


Aaa Handbook On Commercial Arbitration

Author by : American Arbitration Association
Languange : en
Publisher by : Juris Publishing, Inc.
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 217
File Size : 45,9 Mb
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Description : Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.


Gaillard S Medical Journal

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 90
Total Download : 156
File Size : 43,7 Mb
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Public Opinion

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 312
File Size : 44,5 Mb
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Albany Law Journal

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 788
File Size : 50,7 Mb
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Dispute Resolution

Author by : Carole L. Hinchcliff
Languange : en
Publisher by : Amer Bar Assn
Format Available : PDF, ePub, Mobi
Total Read : 20
Total Download : 771
File Size : 46,9 Mb
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Description :