Download or read book International Organizations and the Promotion of Effective Dispute Resolution written by Peter Quayle and published by Brill Nijhoff. This book was released on 2019-06-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the AIIB Yearbook of International Law examines a series of overarching themes and relationships regarding the role of international organizations in promoting effective dispute resolution.
Download or read book ADR in Business written by Jean-Claude Goldsmith and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
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 Evolving Perspectives on ICTs in Global Souths written by Don Rodney Junio and published by Springer Nature. This book was released on 2020-07-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the refereed proceedings of the 11th International Development Informatics Association Conference, IDIA 2020, held in Macau, China, in March 2020.* The 14 revised full papers presented were carefully reviewed and selected from 43 submissions. The papers are organized in topical sections on ICT4D: taking stock; harnessing frontier technologies for sustainable development; ICT4D discourse, methodologies, and theoretical reflections; the evolving Global Souths. *The conference was held virtually due to the COVID-19 pandemic.
Download or read book Hindu Perspectives on Evolution written by C. Mackenzie Brown and published by Routledge. This book was released on 2012-01-19 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing new insights into the contemporary creationist-evolution debates, this book looks at the Hindu cultural-religious traditions of India, the Hindu Dharma traditions. By focusing on the interaction of religion and science in a Hindu context, it offers a global context for understanding contemporary creationist-evolution conflicts and tensions utilizing a critical analysis of Hindu perspectives on these issues. The cultural and political as well as theological nature of these conflicts is illustrated by drawing attention to parallels with contemporary Islamic and Buddhist responses to modern science and Darwinism. The book explores various ancient and classical Hindu models to explain the origin of the universe encompassing creationist as well as evolutionary—but non-Darwinian—interpretations of how we came to be. Complex schemes of cosmic evolution were developed, alongside creationist proofs for the existence of God utilizing distinctly Hindu versions of the design argument. After examining diverse elements of the Hindu Dharmic traditions that laid the groundwork for an ambivalent response to Darwinism when it first became known in India, the book highlights the significance of the colonial context. Analysing critically the question of compatibility between traditional Dharmic theories of knowledge and the epistemological assumptions underlying contemporary scientific methodology, the book raises broad questions regarding the frequently alleged harmony of Hinduism, the eternal Dharma, with modern science, and with Darwinian evolution in particular.
Download or read book The Evolution and Future of International Arbitration written by Stavros Brekoulakis and published by Kluwer Law International B.V.. This book was released on 2016-06-24 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in international arbitration; - The concept and autonomy of arbitral award; - Parties in international arbitration; - Parallel proceedings in international arbitration; - Court review of arbitration awards; - Geographic expansion of international arbitration; - Counsel regulation and conflicts disclosures; - The use of technology in international arbitration; - Teaching and research in international arbitration. This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.
Download or read book An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act written by James S. Kakalik and published by RAND Corporation. This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study found that, once litigation had begun, referral to ADR was not a panacea, nor was it detrimental.
Download or read book Non Adversarial Justice written by Michael King and published by Federation Press. This book was released on 2014-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Resolving Mass Disputes written by Christopher Hodges and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Download or read book Regulating Dispute Resolution written by Felix Steffek and published by A&C Black. This book was released on 2014-07-18 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book Mediation Ethics written by Ellen Waldman and published by John Wiley & Sons. This book was released on 2011-02-14 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates
Download or read book Arbitration in the Digital Age written by Maud Piers and published by Cambridge University Press. This book was released on 2018-01-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.
Download or read book Skills and Values written by John Burwell Garvey and published by . This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Skills & Values: Alternative Dispute Resolution is designed to give students both theory and practical application for the skills and values which come into play during the various forms of alternative dispute resolution, including negotiation, mediation, collaborative law and arbitration. It may be successfully used as a stand-alone course book or as a practical supplement to a standard text. Each chapter focuses on a different aspect of the dispute resolution process. The idea is to read the material and then test and develop knowledge through exercises and simulations"--
Download or read book The Singapore Convention on Mediation written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2022-08-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
Download or read book Culture in the Domains of Law written by René Provost and published by Cambridge University Press. This book was released on 2017-02-02 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
Download or read book Alternative Dispute Resolution written by Shashank Garg and published by Oxford University Press, USA. This book was released on 2018-01-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative dispute resolution (ADR), as a mechanism to resolve disputes, has gained wide acceptance in India. This is primarily because the traditional adversarial system of dispensing justice is dilatory, expensive, and, many a time, ineffective. The recent spurt in India's economic development coupled with the renewed confidence of foreign investors to invest in India has also made it imperative that India provides a swifter justice delivery system to resolve commercial disputes. The volume examines some of the important aspects of dispute resolution being practiced in India. More than twenty national and international experts from various fields within the domain of dispute resolution have come together to answer some of the most complex issues and shed light on the usage of the best practices of dispute resolution in India. The work aims to enhance the understanding of the legal issues related to dispute resolution, and provides an updated account of law incorporating the recent Arbitration and Conciliation (Amendment) Act, 2015.
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.
