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Rethinking Disputes
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Book Synopsis Rethinking Disputes by : Julie Macfarlane
Download or read book Rethinking Disputes written by Julie Macfarlane and published by Routledge. This book was released on 1997 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is designed as an introduction to mediation and the use of mediation processes for anyone interested in the field of alternative dispute resolution. The task of the mediator in mediation is to facilitate an agreement between the disputing parties. These essays review the use and practice of mediation in relation to a wide range of fields, including family law, crime, compensation for personal injuries, business disputes, building and construction law, the environment and labour relations. Papers are alsoincluded which aim to orientate the reader to the principles of mediation and interest-based dispute resolution and the issues these raise for the future of conflict resolution services, including ethical issues in mediation, mediation training, and the present and future development of mediation services within organizations, communities and the court system.
Book Synopsis Divorced from Reality by : Jane C. Murphy
Download or read book Divorced from Reality written by Jane C. Murphy and published by NYU Press. This book was released on 2015-06-26 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
Book Synopsis Divorced from Reality by : Jane C. Murphy
Download or read book Divorced from Reality written by Jane C. Murphy and published by NYU Press. This book was released on 2015-06-26 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over the past thirty years, there has been a dramatic shift in the way the legal system approaches family disputes. Traditionally, family disputes were resolved through an 'adversary' system: opposing parties appealed to a judge who determined which party was at fault and how the marital assets - including the children - should be divided. Now, many family courts are opting for a 'problem-solving' model in which courts attempt to restructure families by resolving both legal and nonlegal issues. At the same time, American families have changed dramatically. Divorce rates have slowed, while the number of children born and raised outside of marriage has increased sharply. Grandparents and same-sex partners care for children, and more fathers seek an active role in their children's lives. As a result, families in today's court system have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current 'problem-solving' model fails to address the realities of today's families. While today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties - a model that fits poorly with the realities of today's disputing families. And courts may no longer be the best place for families in conflict. To serve the families it is meant to help, the legal system must adapt and reshape itself"--Unedited summary from book jacket.
Book Synopsis Rethinking South China Sea Disputes by : Katherine Hui-Yi Tseng
Download or read book Rethinking South China Sea Disputes written by Katherine Hui-Yi Tseng and published by Routledge. This book was released on 2016-12-08 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.
Book Synopsis Divorced from Reality by : Jane C. Murphy
Download or read book Divorced from Reality written by Jane C. Murphy and published by . This book was released on 2015 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an "adversary" system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a "problem-solving" model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled of ...
Book Synopsis Cultures of Conflict Resolution in Early Modern Europe by : Stephen Cummins
Download or read book Cultures of Conflict Resolution in Early Modern Europe written by Stephen Cummins and published by Taylor & Francis. This book was released on 2017-05-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes, discord and reconciliation were fundamental parts of the fabric of communal living in early modern Europe. This edited volume presents essays on the cultural codes of conflict and its resolution in this period under three broad themes: peacemaking as practice; the nature of mediation and arbitration; and the role of criminal law in conflicts. Through an exploration of conflict and peacemaking, this volume provides innovative accounts of state formation, community and religion in the early modern period.
Book Synopsis Rethinking International Commercial Arbitration by : Gilles Cuniberti
Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
Book Synopsis Rethinking Labour-Management Relations by : Christopher J. Bruce
Download or read book Rethinking Labour-Management Relations written by Christopher J. Bruce and published by Routledge. This book was released on 2021-03-05 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.
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 Rethinking Dispute Resolution by : Ashley E. Harwell
Download or read book Rethinking Dispute Resolution written by Ashley E. Harwell and published by . This book was released on 1994 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Making Sense of Intractable Environmental Conflicts by : Roy Lewicki
Download or read book Making Sense of Intractable Environmental Conflicts written by Roy Lewicki and published by . This book was released on 2003 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite a vast amount of effort and expertise devoted to them, many environmental conflicts have remained mired in controversy, stubbornly defying resolution. Why can some environmental problems be resolved in one locale but remain contentious in another, often carrying on for decades? What is it about certain issues or the people involved that make a conflict seemingly insoluble. Making Sense of Intractable Environmental Conflicts addresses those and related questions, examining what researchers and experts in the field characterize as "intractable" disputes—intense disputes that persist over long periods of time and cannot be resolved through consensus-building efforts or by administrative, legal, or political means. The approach focuses on the "frames" parties use to define and enact the dispute—the lenses through which they interpret and understand the conflict and critical conflict dynamics. Through analysis of interviews, news media coverage, meeting transcripts, and archival data, the contributors to the book: examine the concepts of frames, framing, and reframing, and the role that framing plays in conflicts outline the essential characteristics of intractability and its major causes offer case studies of eight intractable environmental conflicts present a rich body of original interview material from affected parties set forth recommendations for intervention that can help resolve disputes Within each case chapter, the authors describe the historical development and fundamental nature of the conflict and then analyze the case from the perspective of the key frames that are integral to understanding the dynamics of the dispute. They also offer cross-case analyses of related conflicts. Conflicts examined include those over natural resource use, toxic pollutants, water quality, and growth. Specific conflicts examined are the Quincy Library Group in California; Voyageurs National Park in Minnesota; Edwards Aquifer in Texas; Doan Brook in Cleveland, Ohio; the Antidegradation Environmental Advisory Group in Ohio; Drake Chemical in Pennsylvania; Alton Park/Piney Woods in Tennessee; and three examples of growth-related conflicts along the Front Range of Colorado's Rocky Mountains.
Book Synopsis Alternative Dispute Resolution by : Albert Fiadjoe
Download or read book Alternative Dispute Resolution written by Albert Fiadjoe and published by Routledge. This book was released on 2013-03-04 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
Book Synopsis Rethinking Nordic Courts by : Laura Ervo
Download or read book Rethinking Nordic Courts written by Laura Ervo and published by Springer Nature. This book was released on 2021-08-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
Book Synopsis Rethinking Peace Mediation by : Turner, Catherine
Download or read book Rethinking Peace Mediation written by Turner, Catherine and published by Bristol University Press. This book was released on 2021-01-11 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.
Download or read book Settling Disputes written by Linda Singer and published by Routledge. This book was released on 2018-03-05 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.
Book Synopsis Rethinking Workplace Regulation by : Katherine V.W. Stone
Download or read book Rethinking Workplace Regulation written by Katherine V.W. Stone and published by Russell Sage Foundation. This book was released on 2013-02-14 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
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.
