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Dispute Processes
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Book Synopsis Dispute Processes by : Simon Roberts
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.
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 Dispute Resolution by : Stephen B. Goldberg
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishers. This book was released on 1995 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
Book Synopsis Dispute Processes by : Michael Palmer
Download or read book Dispute Processes written by Michael Palmer and published by Cambridge University Press. This book was released on 2020-07-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.
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 Alternative Dispute Resolution in the Regulatory Process by : Deirdre McCarthy Gallagher
Download or read book Alternative Dispute Resolution in the Regulatory Process written by Deirdre McCarthy Gallagher and published by MSU Press. This book was released on 2020-06-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.
Book Synopsis Processes of Dispute Resolution by : John S. Murray
Download or read book Processes of Dispute Resolution written by John S. Murray and published by . This book was released on 1989 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Donated by Criminal Justice Review In honor of Dr. Richard J. Terrill, Professor of Criminal Justice, Georgia State University.
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.
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.
Book Synopsis Dispute Management by : Pauline Collins
Download or read book Dispute Management written by Pauline Collins and published by Cambridge University Press. This book was released on 2021-08-26 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.
Book Synopsis Rules and Processes by : John L. Comaroff
Download or read book Rules and Processes written by John L. Comaroff and published by University of Chicago Press. This book was released on 1981 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rules and Processes is at once a compelling essay in social theory and a pathbreaking ethnography of dispute in an African society. On the basis of a sensitive study of the Tswana of southern Africa, John Comaroff and Simon Roberts challenge most of the orthodoxies of legal anthropology. They argue that the social world, and the dispute processes that occur within it, are given form and meaning by a dialectical relationship between sociocultural structures and individual experience. The authors explore in a novel way the relations between culture and ideology, system and practice, social action and human intention. They develop a model that lays bare the form and content of "legal" and "political" discourse in all its variations—a model that accounts for the outcome of conflict processes and explains why the Tswana, like people in other cultures, conceive of their world in an apparently contradictory manner—as rule-governed yet inherently open to pragmatic individualism; orderly yet inherently fluid and shifting. Rules and Processes offers a fresh and persuasive approach to our understanding of the dialectics of social life. "A work of impressive scholarship in which theoretical sophistication and ethnographic richness are convincingly matched."—Ian Hamnett, Times Higher Education Supplement.
Book Synopsis Dispute Resolution by : Stephen B. Goldberg
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishing. This book was released on 2022-10-27 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Book Synopsis Alternative Dispute Resolution for Organizations by : Allan J. Stitt
Download or read book Alternative Dispute Resolution for Organizations written by Allan J. Stitt and published by Wiley. This book was released on 2000-01-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative Dispute Resolution (ADR) is a rapidly growing field, due to its popularity as an alternative to long and expensive lawsuits. ADR involves resolving disputes of any kind outside of the judicial system, through negotiation, mediation, arbitration, and other processes. This book is for people who work within organizations and are involved in disputes themselves, or for people who are required to deal with or resolve disputes. It covers how to set up a dispute resolution process in an organization.
Download or read book Dispute Process written by Michael Palmer and published by . This book was released on 2004-12 with total page 384 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 recognisable across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the inclusive 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, in ideological terms, as between judgement and settlement." "This new edition brings together and analyses a broad 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. Mainly aimed at students of law, the book will also appeal to sociologists and anthropologists interested in disputes and their management, and those concerned with the development of new ways of providing legal and other dispute resolution services."--BOOK JACKET.
Book Synopsis The Mediation Process by : Christopher W. Moore
Download or read book The Mediation Process written by Christopher W. Moore and published by John Wiley & Sons. This book was released on 2014-04-07 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. Includes expanded information on the latest approaches for providing mediation assistance Features comprehensive guidelines for selecting the right strategy for both common and unique problems Utilizes updated, contemporary case studies of all types of disputes Offers expanded coverage of the growing field and practice of intercultural and international mediation
Book Synopsis Understanding Alternative Dispute Resolution by : Kristen M. Blankley
Download or read book Understanding Alternative Dispute Resolution written by Kristen M. Blankley and published by . This book was released on 2017 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Alternative Dispute Resolution provides a comprehensive overview of the field of Alternative Dispute Resolution (¿ADR¿). The use of ADR methods has grown rapidly and touches the practices of lawyers on a local, national, and international level. ADR has transformed the nature of the lawyers¿ practice and roles as client counselor, advocate, and neutral. The treatise covers the major ADR processes, including client counseling, negotiation, mediation, arbitration, and collaborative law and addresses legal, practical, and ethical aspects of each process. This title provides a framework for selecting the most appropriate dispute resolution process and will assist attorneys, law students, neutrals, and parties in conflict in effectively addressing, managing, and resolving disputes.
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 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
