Download or read book Discourse on alternative dispute resolution and remedies written by and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Discourses of Dispute Resolution written by Vijay Kumar Bhatia and published by Peter Lang. This book was released on 2010 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A discourse on alternative dispute resolution and remedies written by Fl Nyalali and published by . This book was released on 1990 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Affective legal analysis written by Frank Fleerackers and published by Duncker & Humblot. This book was released on 2019 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Alternative Dispute Resolution and Domestic Violence written by Dafna Lavi and published by Routledge. This book was released on 2018-05-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of ‘alternative justice’ and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.
Download or read book Alternative dispute resolution written by Harold Brown and published by . This book was released on 1997 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Facts Issues Options and Solutions written by Ralph Steele and published by Xulon Press. This book was released on 2013-05 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Crowell Businessman, Tuscaloosa, Al Dr. Steele's book is an amazing perspective on how mediation and law collectively can help parties resolve simple and complex legal disputes. His book using the theory of facts, issues, options & solutions lends mediators the best of legal method to develop their mediation case theory in managing the dynamics of mediation cases that has clogged our judicial court system. Now the American people have a definite alternative to collaborate and resolve their legal case with the assistance of an impartial third party. This book also is excellent for everyday people in resolving common mutual issues that divide people rather than bring unity and community. Facts, Issues, Options & Solutions will have an indelible impact on civil discourse in America. Dr. Brenda Stanton Deener Nurse Practitioner, Memphis, Tenn This is an excellent book written by Dr. Steele. Mediation and is indeed a form of law that even common citizens can come to the table with the assistance of a mediator to facilitate and evaluate both parties facts and issues. The decisions that both of them make they can live with and at the end of the day resolve to an agreement that is worthy of their signatures and is enforceable in a court of law. This book heralds a mediation perspective that pre-mediation and early assessment of the legal issues, communications issues, the financial issues, and the psychosocial issues can collaboratively be resolved into a mediation settlement agreement with the same legal basis of a court trial because it's an agreement between two or more parties who made them with sound mind and body.
Download or read book Alternative Dispute Resolution adr written by Olajide Olagunju and published by . This book was released on 2017-04-23 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addition to treating related topics such as Negotiation and Communication, Alternative Dispute Resolution (ADR) "explains the mediation process and includes information that is not often discussed in writings in this area of study. The book both explains and summarizes the positive, beneficial aspects of mediation as an alternative to litigation, arbitration and other forms of legal settlement, which can often lead to antagonistic outcomes. The book gives good explanations and examples of how and why mediation allows for the possibility of satisfactory results for both sides, laying the groundwork for opportunities that can grow out of the fertile soil of amicable resolution. The approach of emphasizing how mediation helps to focus on a solution, rather than the strengths and weaknesses of a case was most effective, as it assists the reader in better understanding why it is important, and how it is possible to gain mutually agreeable solutions." -Ambassador John W. McDonald, Co-author, Multi-Track Diplomacy. Chairman, Institute for Multi-Track Diplomacy (Adapted from review to previous edition -"Conflict Management - the Mediatory Approach" (1998)
Download or read book Legal Discourse across Cultures and Systems written by Vijay K. Bhatia and published by Hong Kong University Press. This book was released on 2008-01-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.
Download or read book The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution written by Dr Michael Schneider MD Ms- and published by Michael Schneider, MD Ms-Adr. This book was released on 2018-06-04 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual succinctly distills academic principals of alternative dispute resolution and conflict engagement for the healthcare provider, teaching critical information needed by every medical technician, nurse, doctor and administrator. The manual is both a reference and action tool for skills development, providing guidelines, methods, techniques and simple reproducible outlines to master communication. The provider will succeed in managing daily disagreements between staff, partnership conflicts, struggles with high conflict personalities, medical business contract negotiations, and tort claims management. This information is necessary for all medical practitioners, from student through seasoned provider, regardless of their roles and responsibilities in the medical organization. The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution improves the quality of deliverable medical outcomes, patient safety and communication after adverse events. Implementation of these skills by the reader rewards the practitioner's sense of harmony and professional fulfillment. In a healthcare system dynamically changing and embroiled in complex and protracted conflict, the professional who incorporates these guidelines will control difficult conversations as a leader, artfully influencing the behavior of their opponents in a dispute, accomplishing the mission and vision of the Provider. These leadership skills extend into every aspect of professional relationships for medical technicians, nurses, mid-levels, physicians, and healthcare administrators. Any practitioner involved in or concerned about disclosing an adverse event or outcome to a patient and family, a medical malpractice lawsuit, a medical or specialty board inquiry through a licensing agency, or a medical staff challenge of competency, must read this book. All providers named as a party to a mediation or arbitration should reference this text for insight and guidance during these legal proceedings. These actions have a significant impact on our clinical practices and our ability to practice medicine. This all-inclusive resource is the only book the medical practitioner will need to navigate difficult conversations and become empowered during negotiations of contracts, tort claim lawsuits, and business disputes that interrupt the providers ability to practice safe and compassionate medicine.
Download or read book Essentials of Alternative Dispute Resolution written by Susan R. Patterson and published by . This book was released on 1997 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Professional Discourse across Medicine Law and Other Disciplines written by Girolamo Tessuto and published by Cambridge Scholars Publishing. This book was released on 2023-04-03 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a stage for an extensive exploration of the interface between medicine, law and other disciplines or professions. It offers the reader opportunities to understand how this integrative, interactive interdisciplinary process can be examined through the lenses of language, discourse and communication. Contributions cover cross-wise issues raised by paradigmatic cases of bioethics and law, nursing ethics and law, pharmacy ethics and law, bioethics and religion, risk management and ethics, social inclusion and bioethics, and environmental ethics.
Download or read book Practicing Narrative Mediation written by John Winslade and published by John Wiley & Sons. This book was released on 2008-09-22 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."
Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Download or read book A History of Alternative Dispute Resolution written by Jerome T. Barrett and published by John Wiley & Sons. This book was released on 2004-10-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Download or read book No Day in Court written by Sarah L. Staszak and published by Oxford University Press. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are now more than half a century removed from height of the rights revolution, a time when the federal government significantly increased legal protection for disadvantaged individuals and groups, leading in the process to a dramatic expansion in access to courts and judicial authority to oversee these protections. Yet while the majority of the landmark laws and legal precedents expanding access to justice remain intact, less than two percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? No Day in Court examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 1960s. Since that time, for political, ideological, and practical reasons, a multifaceted group of actors have attempted to diminish the role that courts play in American politics. Although the conventional narrative of backlash focuses on an increasingly conservative Supreme Court, Congress, and activists aiming to constrain the developments of the Civil Rights era, there is another very important element to this story, in which access to the courts for rights claims has been constricted by efforts that target the "rules of the game: " the institutional and legal procedures that govern what constitutes a valid legal case, who can be sued, how a case is adjudicated, and what remedies are available through courts. These more hidden, procedural changes are pursued by far more than just conservatives, and they often go overlooked. No Day in Court explores the politics of these strategies and the effect that they have today for access to justice in the U.S.
Download or read book Dispute Processes written by Michael Palmer and published by Cambridge University Press. This book was released on 2020-07-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.
