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Author: Jay Folberg
Publisher: Aspen Publishers
ISBN: 9781454838746
Category : Compromise (Law)
Languages : en
Pages : 0
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Book Description
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management
Author: Jay Folberg
Publisher: Aspen Publishers
ISBN: 9781454838746
Category : Compromise (Law)
Languages : en
Pages : 0
Get Book Here
Book Description
Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management
Author: Lisa Blomgren Amsler
Publisher: Stanford University Press
ISBN: 1503611361
Category : Law
Languages : en
Pages : 424
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Book Description
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.
Author: Michael L. Moffitt
Publisher: John Wiley & Sons
ISBN: 1118429834
Category : Law
Languages : en
Pages : 580
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Book Description
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.
Author: International Labour Office
Publisher:
ISBN: 9789221304197
Category : Comparative law
Languages : en
Pages : 369
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Book Description
This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).
Author: Kristen M. Blankley
Publisher:
ISBN: 9781531028909
Category : Law
Languages : en
Pages : 0
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Book Description
Understanding Alternative Dispute Resolution provides a comprehensive overview of the field of Alternative Dispute Resolution ("ADR"). 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. The second edition of this treatise provides important updates on how technology has changed the practice of all forms of ADR. These changes are both practical, discussing how professionals use technology to enhance their practice, and legal, outlining ethical considerations for online dispute resolution. The second edition also provides legal updates throughout, particularly in the chapters dealing with arbitration.
Author: Chad Vickery
Publisher: IFES
ISBN: 1931459622
Category : Contested elections
Languages : en
Pages : 356
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Book Description
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545
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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Author: Noam Lemelshtrich Latar
Publisher: Frame Publishers
ISBN: 9492311321
Category : Art
Languages : en
Pages : 268
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Book Description
A pioneering survey of leading and emerging global artists, curators and art practitioners on the question: can art aid in conflict resolution and therefore reduce global tensions and human suffering? Throughout the centuries, art has documented the atrocities of wars, participated in propaganda campaigns, and served as an advocate for peace and social justice around the world. The aim of this project is to explore how art can assist in creating dialogue and bridges across cultures and opposing groups. Over 100 leading and emerging architects, artists, curators, choreographers, composers, and directors of art institutions around the globe explore the potentially constructive role of the arts in conflict resolution. A summarizing chapter maps out the diverse positions and examines the variety of themes and approaches that were brought up.
Author: Mary Ellen O'Connell
Publisher:
ISBN: 9781594609046
Category : Arbitration (International law).
Languages : en
Pages : 0
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Book Description
Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.
Author: Lawrence Susskind
Publisher: Simon and Schuster
ISBN: 0684823020
Category : Business & Economics
Languages : en
Pages : 296
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Book Description
Some portion of the American public will react negatively to almost any new corporate initiative, as Disney discovered when it announced its plans to build an historical theme park in Virginia. Similarly, government efforts to change policy or shift budget priorities are invariably met with stiff resistance. In this enormously practical book, Lawrence Susskind and Patrick Field analyze scores of both private and public-sector cases, as well as crisis scenarios such as the Alaskan oil spill, the silicone breast implant controversy, and nuclear plant malfunction at Three Mile Island. They show how resistance to both public and private initiatives can be overcome by a mutual gains approach involving face-to-face negotiation, a strategy applied successfully by over fifteen hundred executives and officials who have attended Professor Susskind's MIT-Harvard "Angry Public" seminars.Susskind and Field outline the six key elements of this approach in order to help business and government leaders negotiate, rather than fight, with their critics. In the process, they show how to identify who the public is, whose concerns to address first, which people and organizations must be convinced of the legitimacy of action taken, and how to assess and respond to different types of anger effectively. Acknowledging the crucial role played by the media in shaping public perception and understanding, Susskind and Field suggest a way to develop media interaction which is consistent with the six mutual gains principles, and also discuss the type of leadership that corporate and government managers must provide in order to combine these ideas into a useful whole.We all need to be concerned about a society in which the public's concerns, fears and anger are not adequately addressed. When corporate and government agencies must spend crucial time and resources on rehashing and defending each decision they make, a frustrated and angry public contributes to the erosion of confidence in our basic institutions and undermines our competitiveness in the international marketplace. In this valuable book, Susskind and Field have produced a strong, clear framework which will help reduce these hidden costs for hundreds of executives, managers, elected and appointed officials, entrepreneurs, and the public relations, legal and other professionals who advise them.
