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Dispute System Design by Lisa Blomgren Amsler,Janet Martinez,Stephanie E. Smith Pdf
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.
Resolving Individual Labour Disputes by International Labour Office Pdf
This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).
Resolving Disputes: Theory, Practice, and Law is an ideal and up-to-date text For The new generation of practice-oriented dispute resolution courses. This lively new book captures a lawyer's perspective on resolving disputes effectively and prepares your students to represent clients effectively in all forms of alternative dispute resolution. This timely and teachable text: presents class-tested material designed For The survey course, with sections on negotiation, mediation, arbitration, and hybrid designs integrates theory with strategies, ethics, And The law emphasizes practice applications and useful approaches focuses on the lawyer's perspective; the negotiation section highlights professional negotiation as an agent for clients, while the mediation and arbitration sections stress the role of the representational lawyer includes examples drawn from headline cases, literature, and lawyers' experiences, adding To The realism and relevance of the text excerpts the most important and recent articles and cases draws on the authorsiquest; extensive experience and from their key roles with major dispute resolution provider organizations as well as their many years of teaching, training, and practicing ADR A complete Teacher's Manual helps instructors prepare for class with: detailed syllabi comprehensive teaching notes provocative discussion points tested exercises and role-plays linked To The text DVD/video coordinated with the text and role-plays (available to adopters) If you want to convey more than the basics and prepare your students for successful, enlightened practice, turn to Resolving Disputes: Theory, Practice, and Law For The most current and most realistic exploration of ADR.
Resolving Disputes by Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Jennifer Reynolds,Amy J. Schmitz Pdf
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
Author : Michael L. Moffitt,Robert C. Bordone Publisher : John Wiley & Sons Page : 580 pages File Size : 42,5 Mb Release : 2012-06-28 Category : Law ISBN : 9781118429839
The Handbook of Dispute Resolution by Michael L. Moffitt,Robert C. Bordone Pdf
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.
Avoiding and Resolving Disputes by Bart Kavanagh Pdf
Quick, concise and direct, this pocketbook outlines the essentials that every architect needs to know about construction disputes – from tips on avoiding them in the first place and informally negotiating issues as they arise, to how to go about settling full-blown disputes more formally.
Resolving Disputes by Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg Pdf
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management
Conflict Resolution will be of interest to people who deal with disputes - of whatever kind - including through mediation and alternative dispute resolution procedures. Contents What is Conflict? Strategies for Resolving Conflict Approach to the Territory Family Mediation Mediation Between Neighbours Restorative Justice Mediation in Schools Cross-Cultural and Multi-Faith Mediation Environmental Conflict David and Goliath The World of Work Training Academic Study and Research Issues for the Future Author Susan Stewart has taught conflict resolution and mediation and been involved in the development of innovative university courses covering these topics. She has published extensively in the education field, including works on adult learning. In recent years she has been engaged in mediation as a teacher, researcher and community consultant.
Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.
The Big Book of Conflict Resolution Games: Quick, Effective Activities to Improve Communication, Trust and Collaboration by Mary Scannell Pdf
Make workplace conflict resolution a game that EVERYBODY wins! Recent studies show that typical managers devote more than a quarter of their time to resolving coworker disputes. The Big Book of Conflict-Resolution Games offers a wealth of activities and exercises for groups of any size that let you manage your business (instead of managing personalities). Part of the acclaimed, bestselling Big Books series, this guide offers step-by-step directions and customizable tools that empower you to heal rifts arising from ineffective communication, cultural/personality clashes, and other specific problem areas—before they affect your organization's bottom line. Let The Big Book of Conflict-Resolution Games help you to: Build trust Foster morale Improve processes Overcome diversity issues And more Dozens of physical and verbal activities help create a safe environment for teams to explore several common forms of conflict—and their resolution. Inexpensive, easy-to-implement, and proved effective at Fortune 500 corporations and mom-and-pop businesses alike, the exercises in The Big Book of Conflict-Resolution Games delivers everything you need to make your workplace more efficient, effective, and engaged.
For over twenty-five years, author Mary Greenwood has worked in careers that required expert negotiation. After becoming a professional union negotiator, she began to notice a specific set of rules people use to settle disputes. Greenwood compiles many of these rules in How to Negotiate Like a Pro: 41 Rules for Resolving Disputes, an easy-to-understand guide to negotiating any type of situation. Among these rules you will find the following: * Focus on the goal and resist being distracted by emotions * Request ground rules * Avoid negotiating against yourself * Do your research * Know when to walk away Greenwood lists each rule and subsequently offers a concise explanation on how and when to use it in your negotiations. She explains the emotional frame of mind you need for negotiations and reveals the preparations, strategies, and tactics required to close the deal. Telephone and on-line negotiations are also discussed. Whether you're involved in a professional dispute with another business associate, your boss, or even an online seller, How to Negotiate Like a Pro will put you ahead of the game!
Author : Christopher W. Moore Publisher : John Wiley & Sons Page : 704 pages File Size : 48,8 Mb Release : 2014-04-07 Category : Law ISBN : 9781118421529
The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. Includes expanded information on the latest approaches for providing mediation assistance Features comprehensive guidelines for selecting the right strategy for both common and unique problems Utilizes updated, contemporary case studies of all types of disputes Offers expanded coverage of the growing field and practice of intercultural and international mediation
Resolving Transfer Pricing Disputes by Eduardo Baistrocchi,Ian Roxan Pdf
Via a global analysis of more than 180 transfer pricing cases from 20 representative jurisdictions, Resolving Transfer Pricing Disputes explains how the law on transfer pricing operates in practice and examines how disputes between taxpayers and tax administrations are dealt with around the world. It has been designed to be an essential complement to the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, which focus on transfer pricing issues but do not refer to specific transfer pricing disputes. All of the transfer pricing cases discussed in the book are linked to the relevant paragraphs of the OECD Guidelines by means of a 'Golden Bridge', namely a table listing the cases according to the paragraphs of the Guidelines to which they refer. It therefore provides examples of the application of the Arm's Length Principle in many settings on all continents.
