Download or read book Introduction Foundations of Dispute Resolution written by Carrie Menkel-Meadow and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and private processes, as well as more formal and public processes. The essays question whether the development of universal theoretical insights about conflict resolution is possible with variable numbers of parties and issues and in multi-cultural and multi-jural settings. Each volume also presents a coda, summarizing key issues in the field and suggesting further avenues for research. The first volume (and the introductory essay here) reviews the history, theoretical foundations and practices of the primary processes in process pluralism - negotiation, mediation, arbitration and some hybrid processes in both public and private, informal and formal settings. Illustrations of uses of these processes in different substantive areas, e.g. legal disputes, family law, transactional matters, environmental matters, institutional relations, consumer, employment and legal and court reform are provided. The volume collects classic articles in foundational theory and practice while interrogating the issues of how the numbers of parties and issues, different contexts and cultures challenges our efforts to create generalizable theory and practice of human conflict resolution.
Download or read book The Handbook of Dispute Resolution written by Michael L. Moffitt and published by John Wiley & Sons. This book was released on 2012-06-28 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Foundations of Dispute Resolution written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. The volume spans both the 'science' and 'art' of dispute resolution, considers the relationship of peace to justice and includes both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.
Download or read book Introduction to Construction Dispute Resolution written by Feniosky Pena-Mora and published by . This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.
Download or read book Foundations of Dispute Resolution written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2017-05-15 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Introduction Coda Multi Party Dispute Resolution Democracy and Decision Making written by Carrie Menkel-Meadow and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and private processes, as well as more formal and public processes. The essays question whether the development of universal theoretical insights about conflict resolution is possible with variable numbers of parties and issues and in multi-cultural and multi-jural settings. Each volume also presents a coda, summarizing key issues in the field and suggesting further avenues for research. The second volume (and the introductory essay here) applies the theoretical foundations and practices of primary processes in dispute resolution-negotiation, mediation, arbitration and some hybrid processes in both public and private, informal and formal settings to more complex multi-party and multi issue settings, and asks whether foundational theories must be altered when there are more parties and issues. What difference do larger numbers make in theory and practice of dispute resolution and decision making? Other theoretical and empirical observations of the role of third party neutrals and facilitators in multi-party settings are explored, and applied disciplines such as game theory and decision sciences are applied to complex dispute resolution settings. Illustrations of uses of these processes in different substantive areas, e.g. legal disputes, public policy decision making, politics and governance, environmental matters, institutional relations, and high conflict settings are provided. The volume collects classic articles in multi-party, multi-issue theory and practice while interrogating the issues of how the numbers of parties and issues, different contexts and cultures challenges our efforts to create generalizable theory and practice of human conflict resolution. The review essay also discusses recent efforts to seek correspondences and learning from application of conflict resolution theory and practice to the work on deliberative democracy and political decision making. The coda suggests avenues for future research. Some attention is paid to issues of ethics and political theory, as well as evaluation of efficacy, in the use of third party facilitators in public policy and governance disputes.
Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Download or read book Dispute System Design written by Lisa Blomgren Amsler and published by Stanford University Press. This book was released on 2020-06-02 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Dispute Processing and Conflict Resolution written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2017-03-02 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.
Download or read book Online Dispute Resolution For Business written by Colin Rule and published by John Wiley & Sons. This book was released on 2003-02-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original and highly useful resource, Colin Rule—a pioneer in the field of online dispute resolution (ODR)—shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.
Download or read book Narrative Mediation written by John Winslade and published by John Wiley & Sons. This book was released on 2000-01-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, John Winslade and Gerald Monk -- leaders in the narrative therapy movement-introduce an innovative conflict resolution paradigm that is a revolutionary departure from the traditional problem-solving, interest-based model of resolving disputes. The narrative mediation approach encourages the conflicting parties to tell their personal "story" of the conflict and reach resolution through a profound understanding of the context of their individual stories. The authors map out the theoretical foundations of this new approach to conflict resolution and show how to apply specific techniques for the practical application of narrative mediation to a wide-variety of conflict situations.
Download or read book Comparative Dispute Resolution written by Maria F. Moscati and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Introduction to Mediation written by Teresa Clyne and published by Createspace Independent Publishing Platform. This book was released on 2016-02-29 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory Mediation book provides a foundation for anyone seeking to understand the mediation process. Alternative Dispute Resolution - this book deals with: All fields of mediation, including civil and commercial, workplace and employment, family and community Mediation concepts - including interests, framing, and dialogue-building-and use them not just at the mediation table but also in your marketing. The Concept of Mediation understand the psychology and behaviours which produce Constructive or destructive outcomes resulting from situations of Conflict recognise the differences between mediation and other forms of conflict/dispute resolution demonstrate an in-depth understanding of the values and ethics underpinning mediation such as empowerment, mutual respect and the equity of exchange demonstrate ability to apply theory to the development of effective mediation practice differentiate between party autonomy, mediator authority and power, and the protection of a fair process understand the relationship between mediation and the law in different contexts and within different jurisdictions. critically analyse the various stages of the mediation process evaluate the benefits of mediation for each of the stakeholders engaged with the process. The various stages of the mediation process Convening process and preliminary arguments. Mediation introduction and laying down the ground rules for mediation. Statements by party spokesperson, followed by a repeat of the unsolved issue by the mediator. Setting the agenda for mediation. Facilitating the mediation. Reaching a negotiated settlement. The Psychology and Philosophy of Mediation It's not the money, it's the principle Different Types of Conflict Task-Oriented Conflict Personal Conflict Mediate or Not..! ? The Advantages and Disadvantages of Mediation Constructive behaviour Win-win solutions. Non-judgmental actions. Active resolution of conflict Thoughtful, not impulsive, responses. Destructive behaviour. Feelings of anger and frustration. Judgmental actions. The differences between negotiation, mediation, and arbitration. Independent Confidentiality Equality and empowerment The relationship between mediation and the law Mediation Laws in Ireland High Court Proceedings Provisions of the Directive Enforcement of Court Orders Act, 2009 Circuit Court Rules (Case Progression General), 2009 Multi-Units Development Act, 2011 Commercial Court Rules Civil Liability and Courts Act, 2004 Analyse the various stages of the mediation process Facilitating the Mediation. Mediation Agreement Models of Mediation Do's and Don'ts of Mediation: Family Mediation Plan the Separation Agreement Wills & inheritance Organisational and Workplace Mediation Management/staff difficulties Staff/patient conflicts Community Mediation Homeless young people and their families Elderly people and their carers Families and local education authorities Peer Mediation Restorative Justice Post-sentencing Victim-offender mediation Reparative mediation Models of Mediation Co-Mediation Shuttle Mediation Facilitative Mediation Mediation Practice Matching Pacing Leading Non-verbal communication Non-verbal Vocal Space Objects Colour Facial Expressions Movement Time Touch Impartiality and Mediation Prejudices and philosophy in Mediation Co-mediation. Supervision. Emotional Reactions in Conflicts"
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 How Mediation Works written by Stephen B. Goldberg and published by Emerald Group Publishing. This book was released on 2017-04-28 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.
Download or read book Alternative Dispute Resolution written by Laurie S. Coltri and published by Pearson. This book was released on 2010 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, this book addresses the rapidly evolving field of Alternative Dispute Resolution in a manner ahead of its time. Taking a cross-disciplinary approach, it explains the cognitive, social, organizational and developmental psychology theories that influence ADR and its approaches. From mediation to arbitration to hybrid processes, it helps students understand the strengths and weaknesses of the many varieties of ADR, and why various approaches succeed or fail. This edition includes streamlined coverage of conflict diagnosis, increased treatment of non-adversarial, facilitative forms of dispute resolution, and the latest legal and ethical trends impacting the field. For human resources personnel, dispute resolution system designers, trainers and ombuds, as well as ADR neutrals and neutrals-in-training
Download or read book An Introduction to International Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2015-08-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
