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Author : Anonim
Publisher : Unknown
Page : 644 pages
File Size : 49,8 Mb
Release : 2010
Category : Dispute resolution (Law)
ISBN : OSU:32437123169720
Author : Qiao Liu,Wenhua Shan
Publisher : BRILL
Page : 368 pages
File Size : 54,8 Mb
Release : 2015-10-30
Category : Law
ISBN : 9789004306738
China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.
Author : Samantha Hardy,Olivia Rundle
Publisher : CCH Australia Limited
Page : 545 pages
File Size : 44,8 Mb
Release : 2010
Category : Law
ISBN : 9781921485695
The focus of this book is on practical application of theory. The book is founded in current mediation theory relating to the range of models used in Australia, and includes detailed contextual information including the legislative frameworks for mediation in different jurisdictions. 'Mediation for Lawyers' provides practical advice and tools (checklists) for legal practitioners who represent clients in mediation.
Author : Alexia Georgakopoulos
Publisher : Routledge
Page : 414 pages
File Size : 54,7 Mb
Release : 2017-09-19
Category : Business & Economics
ISBN : 9781317300694
The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.
Author : Michael L. Moffitt,Robert C. Bordone
Publisher : John Wiley & Sons
Page : 580 pages
File Size : 40,5 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 : Jennifer L. Schulz
Publisher : Routledge
Page : 161 pages
File Size : 46,9 Mb
Release : 2020-03-09
Category : Law
ISBN : 9780429602047
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.
Author : Lisa Blomgren Amsler,Janet Martinez,Stephanie E. Smith
Publisher : Stanford University Press
Page : 406 pages
File Size : 46,9 Mb
Release : 2020-06-02
Category : Law
ISBN : 9781503611368
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.
Author : Carrie Menkel-Meadow
Publisher : Routledge
Page : 437 pages
File Size : 55,8 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781351936071
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.
Author : Maria F. Moscati,Michael Palmer,Marian Roberts
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 41,9 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781786433039
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.
Author : Monica K. Miller,Logan A. Yelderman,Matthew T. Huss,Jason A. Cantone
Publisher : Unknown
Page : 760 pages
File Size : 51,5 Mb
Release : 2024-02-28
Category : Psychology
ISBN : 9781009122306
Presenting state-of-the-art research, this Handbook summarises emerging and establishing topics in the area of legal decision-making. Interdisciplinary in its approach, it covers decisions made within the criminal justice system, the trial process, and clinical settings. Chapters, written by accomplished academics and experts in the field, synthesize historical context, identify gaps in existing literature, propose future directions of study, and discuss policy limitations. It also includes 'perspectives from the field' essays written by professionals - a judge, an attorney, a police officer, a trial consultant, and a probation officer - to bridge the gap between academic research and its application to the real world. It is intended as a go-to resource for students and researchers who want to immerse themselves in a body of scientific research to understand its history and shape its future.
Author : Penny Brooker
Publisher : Routledge
Page : 402 pages
File Size : 53,5 Mb
Release : 2013-10-23
Category : Law
ISBN : 9781136018961
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.
Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 50,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125712
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Author : CIArb
Publisher : Author House
Page : 731 pages
File Size : 51,6 Mb
Release : 2014
Category : Law
ISBN : 9781491886649
" The various developments and changes in the field of arbitration, coupled with the large sums and important issues which are so often at stake in them, mean that a new book providing a comprehensive overview on the topic from an authoritative source is not merely very welcome: it is positively needed by professionals involved in arbitration and their clients. It is hard to think of an organisation better qualified to sponsor such a book than the Chartered Institute of Arbitrators, with its enormous experience and authority in the field. It is also hard to conceive of a more impressive and well qualified group of contributors to such a book than the list of people who Julio CEsar Betancourt and Jason A. Crook have included in this volume. Lord Neuberger of AbbotsburyPresident of the Supreme Court of the United Kingdom The Chartered Institute of Arbitrators is a learned society that works in the public interest to promote and facilitate the use of alternative dispute resolution (ADR) mechanisms. Founded in 1915 and with a Royal Charter granted in 1979, it is a UK-based institution that has gained international presence in more than 100 countries and has more than 13,000 professionally qualified members around the world. Chartered Institute of Arbitrators 12 Bloomsbury Square London, United Kingdom WC1A 2LP T: +44 (0)20 7421 7444 www.ciarb.org Registered Charity: 803725 International Commercial Arbitration is the fastest growing dispute settlement discipline. The complexities surrounding its regulatory framework combined with an ever-increasing and constantly evolving set of acts, rules, guidelines, protocols, regulations, national legislation, international treaties, and so on may appear daunting at first glance. This ""collection of documents"" or ""supplementary material"" is designed to provide the essential reading for all those who are eager to pursue a career in international arbitration. It will also appeal to arbitration practitioners wishing to have easy access to over 700 pages of arbitration-related resources.""
Author : Omer Shapira
Publisher : Cambridge University Press
Page : 499 pages
File Size : 46,5 Mb
Release : 2016-03-14
Category : Law
ISBN : 9781107143043
Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Author : Adrienne E. Eaton,Jeffrey H. Keefe
Publisher : Cornell University Press
Page : 314 pages
File Size : 44,7 Mb
Release : 1999
Category : Business & Economics
ISBN : 0913447773
Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.
