Alternative Dispute Resolution Handbook

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The Handbook of Dispute Resolution

Author : Michael L. Moffitt
Publisher : John Wiley & Sons
ISBN 13 : 1118429834
Total Pages : 580 pages
Book Rating : 4.1/5 (184 download)

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Book Synopsis The Handbook of Dispute Resolution by : Michael L. Moffitt

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.

A Handbook of Dispute Resolution

Author : Karl J Mackie
Publisher : Routledge
ISBN 13 : 1134952805
Total Pages : 355 pages
Book Rating : 4.1/5 (349 download)

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Book Synopsis A Handbook of Dispute Resolution by : Karl J Mackie

Download or read book A Handbook of Dispute Resolution written by Karl J Mackie and published by Routledge. This book was released on 2013-01-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.

Alternative Dispute Resolution

Author : Nancy F. Atlas
Publisher : American Bar Association
ISBN 13 : 9781570738128
Total Pages : 764 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis Alternative Dispute Resolution by : Nancy F. Atlas

Download or read book Alternative Dispute Resolution written by Nancy F. Atlas and published by American Bar Association. This book was released on 2000 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.

The Jackson ADR Handbook

Author : Susan Blake
Publisher : Oxford University Press, USA
ISBN 13 : 9780198867326
Total Pages : 400 pages
Book Rating : 4.8/5 (673 download)

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Book Synopsis The Jackson ADR Handbook by : Susan Blake

Download or read book The Jackson ADR Handbook written by Susan Blake and published by Oxford University Press, USA. This book was released on 2021-08-19 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.

EU Mediation Law Handbook

Author : Nadja Alexander
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041158677
Total Pages : 615 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Mediation Law Handbook by : Nadja Alexander

Download or read book EU Mediation Law Handbook written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

The Mediation Handbook

Author : Alexia Georgakopoulos
Publisher : Routledge
ISBN 13 : 1317300696
Total Pages : 908 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Mediation Handbook by : Alexia Georgakopoulos

Download or read book The Mediation Handbook written by Alexia Georgakopoulos and published by Routledge. This book was released on 2017-09-19 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

A Practical Approach to Alternative Dispute Resolution

Author : Susan Blake
Publisher : Oxford University Press, USA
ISBN 13 : 0199644985
Total Pages : 640 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis A Practical Approach to Alternative Dispute Resolution by : Susan Blake

Download or read book A Practical Approach to Alternative Dispute Resolution written by Susan Blake and published by Oxford University Press, USA. This book was released on 2012-08-16 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Bypass Court

Author : Genevieve A. Chornenki
Publisher :
ISBN 13 : 9780433462996
Total Pages : 363 pages
Book Rating : 4.4/5 (629 download)

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Book Synopsis Bypass Court by : Genevieve A. Chornenki

Download or read book Bypass Court written by Genevieve A. Chornenki and published by . This book was released on 2011 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recourse to dispute resolution processes such as mediation and arbitration is increasing as litigants look for more practical means of resolving their disputes. This authoritative and accessible work provides practical advice on how to select, prepare for and engage in a range of dispute resolution processes. Practical and portable, and including examples, forms, checklists and sample documents, this handbook is a reference source for anyone who is involved in a dispute resolution process."--Pub. desc.

Alternative Dispute Resolution in Tanzania

Author : J. Mashamba
Publisher : African Books Collective
ISBN 13 : 998775354X
Total Pages : 226 pages
Book Rating : 4.9/5 (877 download)

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Book Synopsis Alternative Dispute Resolution in Tanzania by : J. Mashamba

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.

Comparative Dispute Resolution

Author : Maria F. Moscati
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433036
Total Pages : 608 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Comparative Dispute Resolution by : Maria F. Moscati

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.

The Oxford Handbook of Conflict Management in Organizations

Author : William K. Roche
Publisher : Oxford Handbooks
ISBN 13 : 0199653674
Total Pages : 577 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Oxford Handbook of Conflict Management in Organizations by : William K. Roche

Download or read book The Oxford Handbook of Conflict Management in Organizations written by William K. Roche and published by Oxford Handbooks. This book was released on 2014-05 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: New ways of managing conflict are important features of work & employment in organizations. World's leading scholars examine range of innovative alternative dispute resolution practices, drawing on international research, scholarship, covering case studies of major exemplars & developments in different parts of global economy. Aust & NZ content.

AAA Handbook on Arbitration Practice

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833475
Total Pages : 428 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis AAA Handbook on Arbitration Practice by : American Arbitration Association

Download or read book AAA Handbook on Arbitration Practice written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-08-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.

A History of Alternative Dispute Resolution

Author : Jerome T. Barrett
Publisher : John Wiley & Sons
ISBN 13 : 0787975427
Total Pages : 330 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis A History of Alternative Dispute Resolution by : Jerome T. Barrett

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.

International Dispute Resolution

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 131 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

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 131 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

Dispute System Design

Author : Lisa Blomgren Amsler
Publisher : Stanford University Press
ISBN 13 : 1503611361
Total Pages : 424 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Dispute System Design by : Lisa Blomgren Amsler

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 424 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.

Handbook of ICC Arbitration

Author : Thomas H. Webster
Publisher : Sweet & Maxwell
ISBN 13 : 0414044630
Total Pages : 1017 pages
Book Rating : 4.4/5 (14 download)

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Book Synopsis Handbook of ICC Arbitration by : Thomas H. Webster

Download or read book Handbook of ICC Arbitration written by Thomas H. Webster and published by Sweet & Maxwell. This book was released on 2014 with total page 1017 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.

The Role of Ethics in ADR

Author :
Publisher : Aspatore Books
ISBN 13 : 9780314279699
Total Pages : 0 pages
Book Rating : 4.2/5 (796 download)

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Book Synopsis The Role of Ethics in ADR by :

Download or read book The Role of Ethics in ADR written by and published by Aspatore Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.