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 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 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 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 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 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 Dispute Processes written by Simon Roberts and published by Cambridge University Press. This book was released on 2005-10-20 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.
Download or read book Intertextuality and interdiscurivity in the discourse of alternative dispute resolution written by Christopher N. Candlin and published by . This book was released on 1997 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Download or read book Practicing Narrative Mediation written by John Winslade and published by John Wiley & Sons. This book was released on 2008-12-03 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 Informal Reckonings written by Andrew Woolford and published by Routledge. This book was released on 2008-01-15 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informal Reckonings is a critical examination of mediation, restorative justice and reparations and how they reinforce yet potentially transform the formal justice system.
Download or read book Intertextuality and Interdiscursivity in the Discourse of Alternative Dispute Resolution written by Christopher N. Candlin and published by . This book was released on 1994* with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation Ethics written by Rachael Field and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
Download or read book Searching for Non Western Roots of Conflict Resolution Discourses Norms and Case Studies written by and published by KW Publishers Pvt Ltd. This book was released on 2013-03-15 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict resolution, as a defined field of study, has been facing stiff challenges in the post Cold War world. The multipolar setting of the globalised world with rising incidence of intra-state conflicts and growing convergence between security and development issues have generated fresh as well as severely mutated old challenges which most often do not fit well within traditional theoretical explanatory categories evolved within Peace and Conflict Studies. This disjunction is often generated by the fact that the modern conflict zones are mostly located in the developing and underdeveloped parts of the global South whereas the discourses of Conflict resolution continue to be largely western in origin and focus. Dissatisfaction with this process led to the search for alternative values in non-western discourses either philosophical such as Buddhism, or Gandhian methodology of peaceful satyagraha. Attempts made by Peace and Conflict resolution theorists to borrow and integrate non-western concepts within the paradigm, however important, are but small steps which indicate the growing complexities associated with the process as well as academic analyses and discussions related to conflict resolution. More micro-level studies of attempts towards conflict resolution from primarily non-western conflict zones as well as alternative theorisations about no-western norms(if any) and discourses would be necessary to ascertain whether a non-western alternative paradigm for conflict resolution is possible, desirable, and whether it could be integrated and absorbed successfully within the already established theoretical models of conflict. The present edited volume represents some of these viewpoints. It includes nine essays which try to look into the process of conflict resolution from various angles, the primary aim being to discover whether it could be done through non-western prism and would be of interest to both practitioners and academics and, ofcourse, students.
Download or read book Integral Discourse written by Lynn Christine Holaday and published by . This book was released on 1999 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: A common method of conflict resolution employed by academics, media specialists, and policy makers is the argument, a form of positional discourse in which competing points of view vie with one another. However, this format has its limitations, particularly when it is applied to the conflicts of "postmodern" society. Recently, writers in the fields of argument and conflict resolution have described ways of dealing with conflict that go beyond argument. These approaches to conflict management involve practices and attitudes that are typically demonstrated by people at higher stages of psychological and cognitive development. Using the developmental model of Ken Wilber as a frame, an investigation was done of the work of theorists and practitioners of argument and conflict management. the conclusion was reached that a different approach to conflict management was emerging in our world, one that could be housed in Wilber's "vision-logic" stage and the "higher" stages of other developmental theorists. This new approach was called integral discourse, which was described as going beyond prior discourses (the discourses of physicality, emotionality, authority, and positionality) in terms of expanded content, higher levels of participant maturity, and greater emphasis on relationship. the suggestion was made that this new integral discourse holds possibilities for handling conflicts that have proved resistant to traditional methods of conflict resolution.
