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Complex Dispute Resolution
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Book Synopsis Foundations of Dispute Resolution by : Carrie Menkel-Meadow
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.
Book Synopsis Mediation by : Carrie J. Menkel-Meadow
Download or read book Mediation written by Carrie J. Menkel-Meadow and published by Aspen Publishing. This book was released on 2020-02-02 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators
Book Synopsis Designing Systems and Processes for Managing Disputes by : Nancy H. Rogers
Download or read book Designing Systems and Processes for Managing Disputes written by Nancy H. Rogers and published by Aspen Publishing. This book was released on 2018-12-03 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
Book Synopsis Multi-Party Dispute Resolution, Democracy and Decision-Making by : Carrie Menkel-Meadow
Download or read book Multi-Party Dispute Resolution, Democracy and Decision-Making written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2017-05-15 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
Author :American Arbitration Association Publisher :Juris Publishing, Inc. ISBN 13 :1933833521 Total Pages :632 pages Book Rating :4.9/5 (338 download)
Book Synopsis AAA Handbook on Commercial Arbitration by : American Arbitration Association
Download or read book AAA Handbook on Commercial Arbitration written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-09-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Book Synopsis International Dispute Resolution by : Carrie Menkel-Meadow
Download or read book International 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: Collects essays on the development of foundational dispute resolution theory and practice and their application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, and negotiations in political policy formation and governance, and international conflict resolution.
Book Synopsis ADR and the Courts by : Erika S. Fine
Download or read book ADR and the Courts written by Erika S. Fine and published by Butterworth-Heinemann. This book was released on 2014-05-16 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.
Book Synopsis The Corporate Counsellor's Deskbook by : Dennis J. Block
Download or read book The Corporate Counsellor's Deskbook written by Dennis J. Block and published by Wolters Kluwer. This book was released on 1999-01-01 with total page 2315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of The Corporate Counsellor's Deskbook offers insightful analysis of the key areas of the law of critical interest to in-house counsel and corporate law departments, as well as outside firms and attorneys who represent corporate clients on a regular basis.The authors provide step-by-step guidance on issues such as: Employment agreements and executive compensationManaging complex litigation and litigation budgetingImplementing internal procedures to protect against insider trading and internal file controlsTaking advantage of alternative dispute resolution formatsCounseling on employment law and intellectual propertyNoncompetition agreementsImport regulation and customs complianceEnvironmental law concerns.Additional topics in the Fifth Edition include:
Book Synopsis Alternatives to Litigation by : Andrea Doneff
Download or read book Alternatives to Litigation written by Andrea Doneff and published by Aspen Publishing. This book was released on 2014-07-17 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.
Download or read book Alternative Dispute Resolution written by and published by BNA Books (Bureau of National Affairs). This book was released on 1990 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Each of the articles in this volume originally appeared in BNA's Alternative dispute resolution report, which was published by BNA from April 1987 to October 1990"--Page i.
Book Synopsis Discussions in Dispute Resolution by : Art Hinshaw
Download or read book Discussions in Dispute Resolution written by Art Hinshaw and published by Oxford University Press. This book was released on 2021 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
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 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.
Book Synopsis Complex Dispute Resolution by : Carrie Menkel-Meadow
Download or read book Complex Dispute Resolution 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 third volume (and the introductory essay here) applies foundational dispute resolution theories and practices to a wide variety of transnational, international and transcultural dispute settings. The essays explore the uses of formal diplomacy, political negotiation processes, formal international adjudication in a variety of tribunals, public and private arbitration, mediation processes, and a new set of hybrid processes. The introductory essay and chapters here also describe and interrogate new forms of international conflict handling, if not “resolution,” in modern forms of transitional and restorative justice, truth and reconciliation commissions, as well as hybrid tribunals. Some of the essays critique the tensions between the need for formal prosecution, punishment and adjudication of grievous wrongs, as in genocides and human rights violations and the needs and desires of societies and individuals to “move on” or create ways of re-integrating or restoring peace, as well as justice, in post-conflict situations. The question of whether “alternative” forms of justice and process are consistent with efforts to create international “rule of law” regimes is also queried. The Coda and other essays also explore whether there are necessarily cultural variations in conflict resolution, restorative and retributive or punitive justice. As with volumes I and II in this series, some of the classic works in the field of international dispute resolution are presented, while the idea of whether there are “universal” theories and practices of dispute resolution, across cultures and contexts is examined by the series editor and a number of authors.
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.
Download or read book Managing Complex Litigation written by and published by Section of Tort & Insurance Practice Law. This book was released on 1992 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawn from papers presented at TIPS Spring Meeting April 1991 San Antonio, Texas.
Book Synopsis Structured Negotiation by : Lainey Feingold
Download or read book Structured Negotiation written by Lainey Feingold and published by A11y Books. This book was released on 2021-10-13 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lainey is the expert on how to work collaboratively to create long term societal inclusion.” — Jenny Lay-Flurrie, Chief Accessibility Officer, Microsoft “This fantastic guide to structured negotiations provides valuable insights for anyone interested in becoming a better advocate. I really enjoyed reading this book and appreciate all the lessons within.” — Haben Girma, Human rights lawyer and author of the best seller, Haben, the Deafblind Woman Who Conquered Harvard Law. ——— Structured Negotiation: A Winning Alternative to Lawsuits shares stories and strategies from 25 years of successful collaborations between the disability community and some of the largest public and private organizations in the United States. Born at the intersection of accessibility, technology, disability, and dispute resolution, the pioneering strategy described in this book has been instrumental in creating a more inclusive digital world for a quarter century. First published by the American Bar Association in 2016, the Second Edition includes new Structured Negotiation win-wins, other new content, and Forewords by Haben Girma, author of the best-selling Haben: The Deafblind Woman Who Conquered Harvard Law and by Susana Sucunza, Basque Country Spain collaborative lawyer and president of the Basque Country Collaborative Law Association. Not just for lawyers, the book offers an effective and path-breaking method to resolve disputes without lawsuits, and to lessen the conflict and expense of filed cases. Lawsuits play an important role in moving society forward. But the legal profession ― and the public it serves ― deserve less costly, less stressful, and more cooperative and ethical alternatives. Clients need a forum where stories matter. Would-be defendants need a process that allows them to do the right thing without having to prove there is no problem to begin with.
Book Synopsis Collaborative Approaches to Resolving Conflict by : Myra Warren Isenhart
Download or read book Collaborative Approaches to Resolving Conflict written by Myra Warren Isenhart and published by SAGE Publications. This book was released on 2000-03-20 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It provides a very good overview of the field of conflict resolution, an overview that is not to be found in any other existing volume. I very much like the breadth of coverage, as well as the use of the profiles of conflict resolution professionals. The authors write very well, and the book will be accessible to a wide audience." ̄Eban Weitzman, Ph.D., Graduate Programs in Dispute Resolution, University of Massachusetts, Boston "I liked this book quite a lot. Its combination of theory, practice, and professional profiles is an innovative and very useful approach." ̄Heidi Burgess, Conflict Research Consortium, University of Colorado, Boulder "Whether you are dealing with a conflict on Capitol Hill or in a local community, this book will be an extraordinarily useful tookit for helping you to turn paralysis into progress." ̄Mark Gerzon, author of A House Divided: Six Belief Systems Struggling for America′s Soul If you′ve ever wondered how best to approach a conflict, Collaborative Approaches to Resolving Conflict will help you choose the right method for your problem. Using the same tool for different kinds of conflict often leaves us feeling stuck and frustrated. Authors Myra Warren Isenhart and Michael L. Spangle explain the major approaches to managing disputes at home, in the workplace or school, within communities, or in the international arena. The reader will find that each approach is illustrated with recent examples of what can go wrong and how to respond most appropriately. This book includes the following approaches: Negotiation Mediation Facilitation Arbitration Judicial Processes Profiles of experienced and respected practitioners accompany each approach. These well-known men and women describe how they entered their chosen field, what their work is like, and what topics are controversial in their areas.