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 Introduction to Conflict Resolution written by Sara Cobb and published by Rowman & Littlefield. This book was released on 2019-07-02 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of conflict resolution has evolved dramatically during the relatively short duration of the discipline’s existence. Each generation of scholars has struggled with the major puzzles of their era, providing theories and solutions that meet the needs of the time, only to be pushed forward by new insights and, at times, totally upended by a changing world. This introductory course text explores the genealogy of the field of conflict resolution by examining three different epochs of the field, each one tied to the historical context and events of the day. In each of these epochs, scholars and practitioners worked to understand and address the conflicts that the world was facing, at that time. This book provides a framework that students will carry with them far into their careers, enriching their contributions and strengthening their voices. Rather than a didactic approach to the field, students will develop their critical analytical skills through an inductive inquiry. Students will broaden their vocabulary, grapple with argumentation, and develop critical reading skills.
Download or read book Political Discourse and Conflict Resolution written by Katy Hayward and published by Routledge. This book was released on 2010-10-04 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers new insights into the close relationship between political discourses and conflict resolution through critical analysis of the role of discursive change in a peace process. Just as a peace process has many dimensions and stakeholders, so the discourses considered here come from a wide range of sources and actors. The book contains in-depth analyses of official discourses used to present the peace process, the discourses of political party leaders engaging (or otherwise) with it, the discourses of community-level activists responding to it, and the discourses of the media and the academy commenting on it. These discourses reflect varying levels of support for the peace process – from obstruction to promotion – and the role of language in moving across this spectrum according to issue and occasion. Common to all these analyses is the conviction that the language used by political protagonists and cultural stakeholders has a profound effect on progression towards peace. Bringing together leading experts on Northern Ireland’s peace process from a range of academic disciplines, including political science, sociology, linguistics, history, geography, law, and peace studies, this book offers new insights into the discursive dynamics of violent political conflict and its resolution.
Download or read book Discourse and Conflict written by Innocent Chiluwa and published by Springer Nature. This book was released on 2021-09-22 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited book analyses the relationship between discourse and conflict, exploring both how language may be used to promote conflict and also how it is possible to avoid or mitigate conflict through tactical use of language. Bringing together contributions from both established scholars and emerging voices in the fields of Discourse Analysis and Conflict Studies, it argues for a discourse approach to making sense of conflict and disagreement in the modern world. ‘Conflict’ is understood here as having a national or global focus and consequences, and includes verbal aggression and hate speech, as well as physical confrontation between political and ethnic groups or states over values, claims to status, power and resources. Themes explored in the volume include the language of conflict, hate speech in online and offline media, and discourse and peace-building, and the chapters examine various national contexts, including Lithuania, Brazil, Belgium, North Macedonia, Sri Lanka, the USA and Afghanistan. The chapters cover conflict-related topics within the fields of Political Science, International Relations, Sociology, Media Studies, and Applied Linguistics, and the book will be of interest to students, researchers and experts in these and related fields, as well as professionals in conflict and peace-building/peace-keeping.
Download or read book Discourse Media and Conflict written by Innocent Chiluwa and published by Cambridge University Press. This book was released on 2022-04-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together contributions from a team of international scholars, this pioneering book applies theories and approaches from linguistics, such as discourse analysis and pragmatics, to analyse the media and online political discourses of both conflict and peace processes. By analysing case studies as globally diverse as Germany, the USA, Nigeria, Iraq, Korea and Libya, and across a range of genres such as TV news channels, online reporting and traditional newspapers, the chapters collectively show how news discourse can be powerful in mobilizing public support for war or violence, or for conflict resolution, through the linguistic representation of certain groups. It explores the consequences of this 'framing' effect, and shows how peace journalism can be achieved through a non-violent approach to reporting conflict. It will therefore serve as an essential resource for students, scholars and experts in media and communication studies, conflict and peace studies, international relations, linguistics and political science.
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 Discourse Peace and Conflict written by Stephen Gibson and published by Springer. This book was released on 2018-11-29 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first-of-its-kind volume brings discursive psychology and peace psychology together in a compelling practical synthesis. An array of internationally-recognised contributors examine multiple dimensions of discourse—official and casual, speech, rhetoric, and text—in creating and maintaining conflict and building mediation and reconciliation. Examples of strategies for dealing with longstanding conflicts (the Middle East), significant flashpoints (the Charlie Hebdo case), and current heated disputes (the refugee ‘crisis’ in Europe) demonstrate discursive methods in context as they bridge theory with real life. This diversity of subject matter is matched by the range of discursive approaches applied to peace psychology concepts, methods, and practice. Among the topics covered: Discursive approaches to violence against women. The American gun control debate: a discursive analysis. Constructing peace and violence in the Palestinian-Israeli conflict. Discursive psychological research on refugees. Citizenship, social injustice, and the quest for a critical social psychology of peace. The emotional and political power of images of suffering: discursive psychology and the study of visual rhetoric. Discourse, Peace, and Conflict offers expansive ideas to scholars and practitioners in peace psychology, as well as those in related areas such as social psychology, political psychology, and community psychology with an interest in issues pertaining to peace and conflict.
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 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 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 Culture Conflict Resolution written by Kevin Avruch and published by US Institute of Peace Press. This book was released on 1998 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: After years of relative neglect, culture is finally receiving due recognition as a key factor in the evolution and resolution of conflicts. Unfortunately, however, when theorists and practitioners of conflict resolution speak of culture, they often understand and use it in a bewildering and unhelpful variety of ways. With sophistication and lucidity, "Culture and Conflict Resolution" exposes these shortcomings and proposes an alternative conception in which culture is seen as dynamic and derivative of individual experience. The book explores divergent theories of social conflict and differing strategies that shape the conduct of diplomacy, and examines the role that culture has (and has not) played in conflict resolution. The author is as forceful in critiquing those who would dismiss or diminish culture s relevance as he is trenchant in advocating conflict resolution approaches that make the most productive use of a coherent concept of culture. In a lively style, Avruch challenges both scholars and practitioners not only to develop a clearer understanding of what culture is, but also to take that understanding and incorporate it into more effective conflict resolution processes."
Download or read book Discourse and Practice in International Commercial Arbitration written by Christopher N. Candlin and published by Routledge. This book was released on 2016-05-23 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
Download or read book Language in the Negotiation of Justice written by Girolamo Tessuto and published by Routledge. This book was released on 2016-04-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways language is used by the professional legal community for the communication of its main business - the negotiation of justice - in today’s globalized world. The volume addresses three main aspects of language use in the negotiation of justice. Beginning with the legal contexts of litigation, arbitration and mediation, the book moves on to discuss the main issues identified in those contexts and finally it explores the applications of legal linguistics. These three aspects are studied across the themes of analyses of legal discourse and genres, issues of power and ideology in the use of legal language, cross-cultural legal communication, questions of recontextualization, accessibility and plain language, law and disciplinary identity, and pedagogy of legal language. With chapters set across a variety of jurisdictions, the contributions offer analytical insights into the interface between law and language. The book is a valuable resource for those in the legal community wishing to increase their understanding of the use of language for the negotiation of justice.
Download or read book International Arbitration Discourse and Practices in Asia written by Vijay K. Bhatia and published by Routledge. This book was released on 2017-07-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.
Download or read book Discourses on Violence written by Vivienne Jabri and published by Manchester University Press. This book was released on 1996 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Pragmatism and Law written by Michal Alberstein and published by Routledge. This book was released on 2017-03-02 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.
