Download or read book Evolution of a Field written by Nancy A. Welsh and published by . This book was released on 2020-11 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes the diverse personal histories of some of the founders, institutionalizers, and leaders of change in the filed of conflict resolution. The authors of the essays in this book play a variety of roles: mediator, facilitator, arbitrator, ombuds, academic, system designer, entrepreneur, leaders of public and private conflict resolution organizations, researcher, advocate for conflict resolution and critic of conflict resolution. The narratives of the contributors provide a way to understand the conflict resolution field and its principles.
Download or read book Evolution in Dispute Resolution written by Michiel Duchateau and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The governance of dispute settlement is evolving in order to cope with a changing world, taking on many forms in many contexts. There is no general model for 'the' best way of settling disputes. Instead, what is the most suitable way of settling disputes highly depends on contextual factors, such as the nature of the parties involved, the nature of the relationship between them, the economic and/or moral value of the dispute, the cross-jurisdictional nature of the dispute, etc. This book aims to assess the way in which the nature of dispute resolution has evolved. With one mostly conceptual chapter and three chapters that analyse examples from radically different contexts, it makes clear that disputes are evolved within vastly different governance structures. Considering similar questions in different contexts, the chapters show how the evolution of dispute resolution has not only been shaped by the nature of disputes themselves and the type of parties involved, but also by the values that different systems try to protect. (Series: Governance & Recht, Vol. 13) [Subject: Conflict Resolution, Civil Law, Arbitration, Public Law, International Law]
Download or read book Dispute Resolution in America written by Jonathan B. Marks and published by . This book was released on 1984 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Organizations and the Promotion of Effective Dispute Resolution written by and published by BRILL. This book was released on 2019-06-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.
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 Evolution in Investment Treaty Law and Arbitration written by Chester Brown and published by Cambridge University Press. This book was released on 2011-11-17 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.
Download or read book Disputes in the Digital Era written by Zissis Lekkas and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of the thesis is Online Dispute Resolution (ODR) and the aim of the thesis is to propose a model ODR system based on the experience of the dispute resolution movement. ODR is not an isolated phenomenon of recent times but a result of the evolution of disputes and dispute resolution. Initially, disputes occurred between parties with geographical proximity and for which traditional courts were the principal way of resolution. However, as people started to travel further distances and communicate from afar, disputes evolved as they increased in number, became more complex and increasingly cross border. Dispute resolution evolved in parallel and Alternative Dispute Resolution (ADR) was employed. However, disputes evolved once more when the world entered into the digital era. Not only disputes became yet again increasingly cross-border, but new disputes appeared that arose solely in cyberspace. In order to satisfy the requirements of the digital era, dispute resolution brought forth the concept of ODR. ODR arose from the combination of ADR and the Information and Communication Technology (ICT) of the digital era. Alternative means of dispute resolution were transferred to the virtual world and gave birth to Online Dispute Resolution. ADR and ODR are examined extensively, and the examination includes their concepts, their origin, the main forms of negotiation, mediation and arbitration and their online equivalents, as well as their advantages and drawbacks.The thesis illustrates the evolution of disputes and dispute resolution from the “analog” era, when dispute resolution was face to face, to the “digital” era, when disputes are resolved in cyberspace. It demonstrates that ODR is a necessity of the digital era but also that it has the potential to be a revolutionary, effective and successful way to resolve disputes; a way that will be the future of dispute resolution. Based on the experience accumulated by examining the evolution of dispute resolution and based on the conclusions drawn, the thesis formulates a proposal for the ODR system. The thesis describes the ODR system, from its three step process and the necessity of online arbitration, to the ODR network, the regulation of the ODR system, the technological architecture of ODR providers, their funding, as well as the necessary steps of creating awareness and trust so that ODR fulfils its fullest potential.
Download or read book Getting Along written by Andrea Kupfer Schneider and published by . This book was released on 2008 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the face of the remark ...
Download or read book The New Lawyer written by Julie Macfarlane and published by UBC Press. This book was released on 2008-05-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Download or read book Alternative Dispute Resolution in Tanzania written by J. Mashamba and published by African Books Collective. This book was released on 2014-09-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
Download or read book The Evolution of International Arbitration written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2017-02-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.
Download or read book International Judicial Politics written by Larry Wayne Thomas and published by . This book was released on 2005 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States, Canada, and Mexico are members of the North American Free Trade Agreement ("NAFTA") that entered into force in 1994. NAFTA is further evidence of a new world economic order that is emerging as a result of increased international trade and globalization of business activities. The phrase "international judicial politics" is used to describe the trend in regional and international trade agreements to provide for quasi-judicial dispute resolution arrangements to resolve trade-related issues in lieu of a member country's domestic courts. NAFTA provides, inter alia, for ad hoc panels to resolve claims arising under NAFTA and for arbitral tribunals to decide claims by foreign investors. NAFTA also substitutes ad hoc binational panels for domestic courts to review final determinations by the parties' national administrative agencies that assess anti-dumping and countervailing duties.
Download or read book Evolution and Adaptation written by Jean Kalicki and published by Kluwer Law International B.V.. This book was released on 2019-12-17 with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is it about international arbitration that makes it so open to evolution and adaptation? What are the main pressure points today and the unmet needs of stakeholders? What are the opportunities for expansion to new sectors and new audiences? What are the drivers for change, the obstacles and the risks? And equally important, what are the core principles that should never be lost? These were the topics of the Twenty-Fourth ICCA Congress, held in Sydney, Australia, in April 2018, the proceedings of which are collected in this volume. The volume highlights arbitration as a ‘living organism’ that has adapted in the past to various challenges, and that today – under attack from various quarters – might need to demonstrate its adaptability again. Accordingly, the contributions address the evolving needs of users, the impact of the rapidly changing face of technology, the expectations of the public, and the convergence and divergence of different aspects of legal traditions and cultures. Topical issues of interest for practitioners, academics, and students of arbitration include the following: legitimacy and authority of arbitrators, institutions and professional organizations to act as lawmakers; investment treaty reform, with particular reference to the definition of ‘investment,’ the evolution of substantive treaty standards, and sustainable development obligations; commercial arbitration reform, including issues of public and private interest, the development of common law, and cost, delay and transparency concerns; revisiting party autonomy in choosing decision-makers, including through institutional appointments or investment courts; equality of arms, the economics of access, and the role of costs and third-party funding; public-private disputes and special issues that arise when State entities arbitrate; public participation and transparency, and their effect on both ISDS and commercial arbitration; revisiting conventional wisdom in organizing arbitral proceedings; lessons to be learned from other dispute resolution frameworks; technology as friend and enemy, including new tools, new threats, and cybersecurity; arbitration of disputes in conflict and post-conflict zones; inter-generational blame and praise in investment arbitration; and the emergence of sovereign wealth funds as arbitration participants. A special section on ‘New Frontiers in Arbitration’ offers enlightening perspectives on new types of claims and new types of stakeholders likely to affect the future of international arbitration, including the potential for climate change disputes and enlarged participation.
Download or read book The Evolution of the Substance of Our Laws and of Our Dispute Resolution Procedures written by Sir Laurence Street and published by . This book was released on 1996 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book SPIDR s 25th Annual International Conference written by Society of Professionals in Dispute Resolution (U.S.) and published by . This book was released on 1997 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Evolution and Evaluation of Community Mediation written by Timothy Hedeen and published by . This book was released on 2004 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Issues In Mediation Volume 6 written by Joel Lee and published by World Scientific. This book was released on 2021-08-31 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Issues in Mediation (CIIM) Volume 6 builds on the success of the past five volumes as testament to a growing interest of authors and readers in the wide variety of issues that arise with mediation. Readers stand to benefit from a diverse range of topics especially selected for their high quality of research and novelty that cannot be replicated elsewhere. With the recent ratification of the Singapore Convention on Mediation in 2020, there is no doubt that mediation is and will continue to be extremely pertinent in the world of dispute resolution. The COVID-19 situation and evolution of technology has also heralded a new era of cross-border and domestic online dispute resolution. Edited by Singapore's leading expert on mediation and negotiation, Professor Joel Lee, and former Chief Executive Officer of the Singapore International Mediation Institute (SIMI), Marcus Lim, CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.
