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Author: Joel Lee
Publisher: Academy Publishing
ISBN: 9810829973
Category : Dispute resolution (Law)
Languages : en
Pages : 259
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Book Description
The prevailing mediation model and process is drawn primarily from the West. For a long time, there has been a call for conflict management approaches that are more appropriate for the Asian context. ... This book answers the call by identifying cultural values and norms that affect how conflicts may be perceived through Asian lenses, and how conflict management processes and practices should be structured...
Author: Joel Lee
Publisher: Academy Publishing
ISBN: 9810829973
Category : Dispute resolution (Law)
Languages : en
Pages : 259
Get Book
Book Description
The prevailing mediation model and process is drawn primarily from the West. For a long time, there has been a call for conflict management approaches that are more appropriate for the Asian context. ... This book answers the call by identifying cultural values and norms that affect how conflicts may be perceived through Asian lenses, and how conflict management processes and practices should be structured...
Author: Stephanie P. Stobbe
Publisher: Lexington Books
ISBN: 1498566448
Category : Political Science
Languages : en
Pages : 285
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Book Description
Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.
Author: Bruce E. Barnes
Publisher: Rowman & Littlefield
ISBN: 0761838384
Category : Asians
Languages : en
Pages : 196
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Book Description
To find more information on Rowman & Littlefield titles, please visit us at www.rowmanlittlefield.com.
Author: Peter C.H. Chan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004342397
Category : Law
Languages : en
Pages : 339
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Book Description
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers by far one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China.
Author: Dale Bagshaw
Publisher: Routledge
ISBN: 1134009976
Category : Political Science
Languages : en
Pages : 240
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Book Description
This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.
Author: Joel Lee
Publisher: World Scientific
ISBN: 981310838X
Category : Political Science
Languages : en
Pages : 168
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Book Description
Is the need for a power balance still necessary for mediation in the Singapore context? In an increasingly digitised world, what challenges are there for online mediation? Is the distinction between facilitative and evaluative mediation still relevant? These questions, and more, are explored in Contemporary Issues in Mediation, the first ever compilation of essays on mediation topics and issues by top mediation students. Carefully selected and edited by leaders in the mediation and negotiation field Associate Professor Joel Lee from the National University of Singapore Faculty of Law, and Marcus Lim, Executive Director of the Singapore International Mediation Institute, this book is not only a unique addition to local mediation literature but also the first in a new annual series. Contents:Could Power Imbalance Be Power in Balance? Looking at Power Imbalances through a Singaporean Cultural Lens (Ng Wan Qing)Mediation Advocacy: Doing Good, Doing Right, and Doing Well (Valencia Soh Ywee Xian)The Facilitative-Evaluative Divide: Have We Lost Sight of What's Important? (Javier Yeo)Mediating the ASEAN Way: An ASEAN Perspective on Mediation (Jaime Lye)Faces of Singapore & Mediation (Joey Lim Yue Tow)Manipulation in Mediation (Koh Zhen Yang)The SIAC-SIMC Arb-Med-Arb Protocol: Enforcing International Commercial Mediated Settlement Argeements (MSAs) through the New York Convention (Chng Teck Kian Desmond)Shall We Medi@? (Phua Jun Han)Good Faith Participation in Mediation (Chan Min Hui)Bridging the Concepts of Neutrality and Power Imbalance (Tan Ting Wei Kelly) Readership: Students, researchers, and general readers who are interested in the current theories and applications of mediation concepts and practices, especially in the Singapore context.
Author: Morgan J. Brigg
Publisher: University of Hawaii Press
ISBN: 0824860969
Category : Social Science
Languages : en
Pages : 297
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Book Description
Mediating Across Difference is based on a fundamental premise: to deal adequately with conflict—and particularly with conflict stemming from cultural and other differences—requires genuine openness to different cultural practices and dialogue between different ways of knowing and being. Equally essential is a shift away from understanding cultural difference as an inevitable source of conflict, and the development of a more critical attitude toward previously under-examined Western assumptions about conflict and its resolution. To address the ensuing challenges, this book introduces and explores some of the rich insights into conflict resolution emanating from Asia and Oceania. Although often overlooked, these local traditions offer a range of useful ways of thinking about and dealing with difference and conflict in a globalizing world. To bring these traditions into exchange with mainstream Western conflict resolution, the editors present the results of collaborative work between experienced scholars and culturally knowledgeable practitioners from numerous parts of Asia and Oceania. The result is a series of interventions that challenge conventional Western notions of conflict resolution and provide academics, policy makers, diplomats, mediators, and local conflict workers with new possibilities to approach, prevent, and resolve conflict. Contributors: Roland Bleiker; Volker Boege; Morgan Brigg; Stephen Chan; Frans de Jalong, Sr.; Lorraine Garasu; Mary Graham; Hoang Young-ju; Carwyn Jones; Joy Kere; Debra McDougall; Norifumi Namatame; Chengxin Pan; Oliver Richmond; Deborah Bird Rose; Muhadi Sugiono; Tarja Väyrynen; Polly O. Walker; Jacqueline Wasilewski.
Author: Lesley G. Terris
Publisher: Taylor & Francis
ISBN: 1315467763
Category : Political Science
Languages : en
Pages : 242
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Book Description
This book examines the use of third-party mediation as a conflict resolution method. In an attempt to explain why some, but not all, conflicts are mediated, this work argues that diverse conflict structures are inherently different in their susceptibility to mediation attempts. By offering a systematic method for measuring the transformability of conflict structures, this book contributes to our understanding of the sufficient and necessary conditions for mediation. In addition, the study offers an analytical framework for the examination of mediation as a trilateral rational bargaining process. Although the general concept of mediation as a three-person game is not new, most studies focus on either the disputants' perspectives or the mediator's perspective. In contrast, this study integrates the perspectives of all three parties. The framework links the different stages involved in the whole process of mediation, from the onset of mediation, through the mediation strategies used, to the outcome, rather than focusing on one particular aspect. The book applies the framework to two case studies – the conflict between Israel and Egypt and the conflict between India and Pakistan – and provides new insights into these conflicts from a mediation perspective. In general, the model developed here provides a framework for systematically assessing conflicts and the options available to those involved in the mediation process. This book will be of much interest to students of conflict resolution, mediation, war and conflict studies, Asian politics, Middle Eastern politics and IR in general.
Author: Michael Leathes
Publisher: Kluwer Law International B.V.
ISBN: 9041167358
Category : Law
Languages : en
Pages : 338
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Book Description
Written by internal counsel, for internal counsel: clear, concise and inspirational. Personifies that the “benefit of the bargain” is not simply a game of numbers. Ute Joas Quinn, Associate General Counsel Exploration and Production, Hess Corporation Spot on! A user-friendly book that I was using before I reached the end. It made me think more creatively about all my negotiations to come. A must-read for every current and future in-house counsel. Cyril Dumoulin, Senior Legal Counsel Global Litigation, Shell International A lively, entertaining work. A multi-faceted approach to the art of negotiation. A convincing demonstration of what it is about and how it actually works. Isabelle Hautot, General Counsel International Expertise, Orange Telecom A clear and most comprehensive, not to mention, practical, book on negotiation. I picked it up and could not put it down. Wolf Von Kumberg, former Associate General Counsel and European Legal Director, Northrop Grumman Corporation; Chairman of the Board of Management, Chartered Institute of Arbitrators; Director, American Arbitration Association; Member, ArbDB It has been such a pleasure to read what is destined to inspire in-house counsel and many others for negotiating deals and settlements. It covers the landscape from both theoretical and practical angles. I found myself nodding in recognition and agreement all along the way. Leslie Mooyaart, former General Counsel, KLM Royal Dutch Airlines; former Vice President and General Counsel, APM Terminals (Maersk); Chairman, The New Resolution Group
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
ISBN: 904112571X
Category : Law
Languages : en
Pages : 514
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Book Description
In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
