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Author: Vijay Kumar Bhatia
Publisher: Peter Lang
ISBN: 9783034304764
Category : Foreign Language Study
Languages : en
Pages : 304
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Book Description
This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.
Author: Vijay Kumar Bhatia
Publisher: Peter Lang
ISBN: 9783034304764
Category : Foreign Language Study
Languages : en
Pages : 304
Get Book Here
Book Description
This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.
Author: Maria F. Moscati
Publisher: Edward Elgar Publishing
ISBN: 1786433036
Category : Law
Languages : en
Pages : 607
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Book Description
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.
Author: Michael Palmer
Publisher: Cambridge University Press
ISBN: 1107070546
Category : Drama
Languages : en
Pages : 433
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Book Description
This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.
Author: Frans Van Eemeren
Publisher: Studies in Rhetoric and Commun
ISBN: 9780817312299
Category : Language Arts & Disciplines
Languages : en
Pages : 0
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Book Description
Communications scholars from the University of Amsterdam and of Arizona analyze argumentation in ordinary disputes. They present an ideal model, and show how it works in an ideal situation, such as a dispute about the merits of two opposing cases. Then they start looking at the real world: ordinary conversation, third- party mediation, religious confrontations, cases in which at least one of the participants is not looking for resolution, and so on. Accessible to nonspecialists. Annotation copyright by Book News, Inc., Portland, OR
Author: John Winslade
Publisher: John Wiley & Sons
ISBN: 078799474X
Category : Law
Languages : en
Pages : 342
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Book Description
Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."
Author: Sara Cobb
Publisher: Rowman & Littlefield
ISBN: 1786608537
Category : Political Science
Languages : en
Pages : 913
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Book Description
The field of conflict resolution has evolved dramatically during the relatively short duration of the discipline’s existence. Each generation of scholars has struggled with the major puzzles of their era, providing theories and solutions that meet the needs of the time, only to be pushed forward by new insights and, at times, totally upended by a changing world. This introductory course text explores the genealogy of the field of conflict resolution by examining three different epochs of the field, each one tied to the historical context and events of the day. In each of these epochs, scholars and practitioners worked to understand and address the conflicts that the world was facing, at that time. This book provides a framework that students will carry with them far into their careers, enriching their contributions and strengthening their voices. Rather than a didactic approach to the field, students will develop their critical analytical skills through an inductive inquiry. Students will broaden their vocabulary, grapple with argumentation, and develop critical reading skills.
Author: Weixia Gu
Publisher:
ISBN: 9781138823594
Category : Arbitration and award
Languages : en
Pages : 240
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Book Description
In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including their respective laws, regulations, and legal institutions, has undergone many changes. These reforms include, for example, three rounds of Reform Plans of the People's Courts (1998-2013), amendments to the Civil Procedure Law in 2007 and 2012, revisions to rules of China's flagship arbitration institution, the China International Economic and Trade Arbitration Commission (CIETAC), in 2005 and 2012, and promulgation of the People's Mediation Law in 2010. This book focuses on the law and development of these three major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms. It also explores the wider contextual factors (political, economic, and societal) that led to these developments and looks at the possible obstacles to further development, for civil justice reform in particular and rule-of-law in general. By examining up-to-date literatures while exploring answers to the academic inquiries, this book provides a thorough analysis of the dynamic contemporary Chinese system of dispute resolution that has on the one hand blended Chinese traditions, socioeconomic and sociopolitical realities, guanxi culture and foreign experience, and has on the other hand developed distinctively to respond to China's market and societal transitions. This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.
Author: Stephen Gibson
Publisher: Springer
ISBN: 3319990942
Category : Psychology
Languages : en
Pages : 341
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Book Description
This first-of-its-kind volume brings discursive psychology and peace psychology together in a compelling practical synthesis. An array of internationally-recognised contributors examine multiple dimensions of discourse—official and casual, speech, rhetoric, and text—in creating and maintaining conflict and building mediation and reconciliation. Examples of strategies for dealing with longstanding conflicts (the Middle East), significant flashpoints (the Charlie Hebdo case), and current heated disputes (the refugee ‘crisis’ in Europe) demonstrate discursive methods in context as they bridge theory with real life. This diversity of subject matter is matched by the range of discursive approaches applied to peace psychology concepts, methods, and practice. Among the topics covered: Discursive approaches to violence against women. The American gun control debate: a discursive analysis. Constructing peace and violence in the Palestinian-Israeli conflict. Discursive psychological research on refugees. Citizenship, social injustice, and the quest for a critical social psychology of peace. The emotional and political power of images of suffering: discursive psychology and the study of visual rhetoric. Discourse, Peace, and Conflict offers expansive ideas to scholars and practitioners in peace psychology, as well as those in related areas such as social psychology, political psychology, and community psychology with an interest in issues pertaining to peace and conflict.
Author: Vijay K. Bhatia
Publisher: Hong Kong University Press
ISBN: 9622098517
Category : Language Arts & Disciplines
Languages : en
Pages : 355
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Book Description
What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.
Author: Michal Alberstein
Publisher: Routledge
ISBN: 1351909282
Category : Law
Languages : en
Pages : 546
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Book Description
Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.
