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Author : Victoria,Victoria. Parliament. Law Reform Committee
Publisher : Government Printer, South Africa
Page : 430 pages
File Size : 48,7 Mb
Release : 2009
Category : Dispute resolution (Law)
ISBN : 0975798480
Author : Michael L. Moffitt,Robert C. Bordone
Publisher : John Wiley & Sons
Page : 580 pages
File Size : 41,5 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781118429839
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.
Author : Marian Liebmann
Publisher : Jessica Kingsley Publishers
Page : 256 pages
File Size : 50,5 Mb
Release : 2011-06-15
Category : Social Science
ISBN : 0857005804
From its small beginnings in the UK 15-20 years ago, mediation has become well-known as a more positive method of resolving conflict than the adversarial methods we have been accustomed to using. Reflecting the range of contexts in which mediation is now used, this book includes chapters on: history of mediation in the UK mediation with divorced and separated couples peer mediation in schools resolving neighbour disputes in rural and urban settings victim-offender mediation and conferencing resolving workplace and industrial disputes commercial mediation dealing with patients' complaints about doctors elder mediation environmental mediation and consensus building international mediation. Drawing on their own experiences as mediators, the contributors to this book discuss the benefits and drawbacks of mediation in particular settings and use case studies to illustrate how mediation works in practice. This book provides a comprehensive overview of mediation for those wanting to find out more, or those beginning in the field, as well as containing useful information and advice for anyone involved in mediation.
Author : Michael King,Arie Freiberg,Becky Batagol,Ross Hyams
Publisher : Federation Press
Page : 353 pages
File Size : 50,6 Mb
Release : 2014-07-04
Category : Law
ISBN : 9781760020224
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
Author : Andrew Woolford,R.S. Ratner
Publisher : Routledge
Page : 159 pages
File Size : 52,8 Mb
Release : 2008-01-15
Category : Law
ISBN : 9781134087129
Informal Reckonings is a critical examination of mediation, restorative justice and reparations and how they reinforce yet potentially transform the formal justice system.
Author : Marian Roberts
Publisher : Bloomsbury Publishing
Page : 243 pages
File Size : 41,7 Mb
Release : 2013-11-28
Category : Social Science
ISBN : 9781350313675
If you are in search of a concise yet authoritative overview of mediation as a process of dispute resolution, then you need look no further. Marian Roberts' A-Z of Mediation succinctly captures the concepts, applications, debates and critiques that are shaping this rapidly expanding field. Expertly organised into just over 80 entries, the book combines theory, research and practitioner experience to provide a wealth of insight and analysis. The book's unique A-Z format makes it an ideal point of reference. Numerous cross-references are in place to guide you through the material and highlight the field's connecting strands. The key classic and contemporary readings are also systematically signposted, topic by topic, drawn from an extensive multidisciplinary literature. Whether you are studying, training or already in practice, this book provides an invaluable source of clarity as well as a comprehensive map of the field.
Author : Ian Macduff
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 43,9 Mb
Release : 2016-09-16
Category : Law
ISBN : 9789041183675
Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: • enduring and intense conflicts; • planning and environmental issues; • conflicts arising between refugee and ‘host’ communities; • elder care; • intercultural settings; • online communication; • science-based disputes; and • public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.
Author : South African Law Commission
Publisher : Unknown
Page : 54 pages
File Size : 50,5 Mb
Release : 1997
Category : Dispute resolution (Law)
ISBN : STANFORD:36105063266931
Author : Mavis Maclean,Bregje Dijksterhuis
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 51,5 Mb
Release : 2019-12-12
Category : Law
ISBN : 9781509928545
The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?
Author : Albert Fiadjoe
Publisher : Routledge
Page : 191 pages
File Size : 52,9 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135332099
This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
Author : Andrew J. Pirie
Publisher : Unknown
Page : 472 pages
File Size : 48,5 Mb
Release : 2000
Category : Dispute resolution (Law)
ISBN : STANFORD:36105062233155
Alternative dispute resolution, or ADR as it is commonly called, has come to have an enormous influence on disputing practices in North America and beyond. This influence is bound to continue well into the new millennium. It is now, more than ever, necessary to study and be familiar with ADR developments. This book takes you on a journey into the science, skills, and law that make up this exciting new field. Readers will have opportunities to consider the conflicting meanings attributed to ADR and to decide which ones might make most sense for them. The book covers the major disputing processe.
Author : Lenka Holá,Miloš Večeřa,Martina Urbanová,Jan Holas,David Fiedor
Publisher : Kluwer Law International B.V.
Page : 325 pages
File Size : 50,8 Mb
Release : 2021-12-08
Category : Law
ISBN : 9789403542928
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.
Author : Neelam Tyagi
Publisher : Springer Nature
Page : 331 pages
File Size : 40,7 Mb
Release : 2021-04-05
Category : Law
ISBN : 9789811610158
This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
Author : Anna Nylund,Kaijus Ervasti,Lin Adrian
Publisher : Unknown
Page : 268 pages
File Size : 44,5 Mb
Release : 2020-10-08
Category : Body, Mind & Spirit
ISBN : 1013269780
This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties' self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Author : Susan Stewart
Publisher : Waterside Press
Page : 186 pages
File Size : 48,5 Mb
Release : 1998
Category : Law
ISBN : 9781872870656
A book that deals with the resolution of conflict across the legal, social and political spectrum by means of alternative methods to confrontation and conflict and adversarial approaches.
