The Handbook of Dispute Resolution

The Handbook of Dispute Resolution

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.

Author: Michael L. Moffitt

Publisher: John Wiley & Sons

ISBN: 9781118429839

Category: Law

Page: 576

View: 634

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.
Categories: Law

Dispute Resolution

Dispute Resolution

In addressing mediation, negotiation, arbitration, and important hybrid approaches, The casebook: takes a thorough, systematic approach, moving from overviews to critical analyses, then to application, evaluation, and practice draws on the ...

Author: Stephen B. Goldberg

Publisher: Aspen Law & Business

ISBN: STANFORD:36105060328924

Category: Law

Page: 790

View: 834

This highly regarded casebook introduced generations of students to alternative dispute resolution as the field developed from an emerging to an established area of legal practice. Now, Dispute Resolution:: Negotitation, Mediation, and Other Processes, Fourth Edition, presents the latest developments in the three main processes for settling legal disputes without litigation. In addressing mediation, negotiation, arbitration, and important hybrid approaches, The casebook: takes a thorough, systematic approach, moving from overviews to critical analyses, then to application, evaluation, and practice draws on the combined strengths of a distinguished and experienced team of authors uses direct, accessible writing to help students grasp important concepts offers particularly strong coverage of mediation, a growing area of ADR study supplies an ADR Research Guide in an appendix Completely updated throughout, The Fourth Edition presents : important contributions from new co-author Sarah Rudolph Cole, who represents the perspective of a new generation of ADR academics an increased number and range of excerpted materials and readings new or expanded problems, questions, and simulations that give students experience in evaluating, preparing for, and practicing the various dispute resolution techniques expanded coverage of arbitration and dispute systems design
Categories: Law

Alternative Dispute Resolution

Alternative Dispute Resolution

Alternative dispute resolution (ADR) is a term embracing a number of processes that have emerged in order to cope with disputes, particularly in the commercial world.

Author: Alexander H. Bevan

Publisher:

ISBN: STANFORD:36105044584600

Category: Arbitration and award

Page: 128

View: 373

Alternative dispute resolution (ADR) is a term embracing a number of processes that have emerged in order to cope with disputes, particularly in the commercial world. This introduction to ADR includes case histories ranging from personal injury disputes to construction litigation.
Categories: Arbitration and award

Formalisation and Flexibilisation in Dispute Resolution

Formalisation and Flexibilisation in Dispute Resolution

In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) ...

Author: Joachim Zekoll

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004281172

Category: Law

Page: 424

View: 399

In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.
Categories: Law

Alternative Dispute Resolution in Tanzania

Alternative Dispute Resolution in Tanzania

This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania.

Author: Mashamba, Clement J.

Publisher: Mkuki na Nyota Publishers

ISBN: 9789987753055

Category: Law

Page: 224

View: 764

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
Categories: Law

A History of Alternative Dispute Resolution

A History of Alternative Dispute Resolution

Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, ...

Author: Jerome T. Barrett

Publisher: John Wiley & Sons

ISBN: 9780787975425

Category: Law

Page: 320

View: 367

A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Categories: Law

Examples Explanations for Dispute Resolution

Examples   Explanations for Dispute Resolution

New to the 4th Edition: Updated and streamlined coverage of arbitration, in light of recent Supreme Court cases, including New Prime, DirectTV, and Schein v.

Author: Michael L. Moffitt

Publisher: Wolters Kluwer

ISBN: 9781543805840

Category: Law

Page: 346

View: 919

Highly respected ADR authors Michael Moffitt and Andrea Schneider bring their considerable experience and expertise to the proven-effective Examples & Explanations series pedagogy. Dispute Resolution, Fourth Edition combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. New to the 4th Edition: Updated and streamlined coverage of arbitration, in light of recent Supreme Court cases, including New Prime, DirectTV, and Schein v. Archer Updated treatment of mediation confidentiality, ethics, and the enforcement of mediation agreements Includes materials on fraud and other negotiation misconduct Includes recent U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications Cites and references to principal cases used in most leading casebooks Updated examples throughout Professors and students will benefit from: Practical and broad coverage of the three principal areas of dispute resolution practice Up-to-date coverage of recent court developments Entertaining examples designed to make significant concepts engaging and memorable A modular approach that permits the materials to be engaged with in any sequence, and be adapted easily to any textbook or casebook
Categories: Law

Environmental Dispute Resolution

Environmental Dispute Resolution

This anthology provides a treatment of environmental dispute resolution for the practitioner, along with practical guidance for those wishing to focus on particular aspects.

Author: Ann L. MacNaughton

Publisher: American Bar Association

ISBN: 1590310926

Category: Law

Page: 431

View: 509

This anthology provides a treatment of environmental dispute resolution for the practitioner, along with practical guidance for those wishing to focus on particular aspects. It offers a toolkit of diagnostics, systems, strategies and methodologies proven effective in diverse substantive contexts.
Categories: Law

Alternatives to Litigation

Alternatives to Litigation

Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR.

Author: Andrea Doneff

Publisher: Aspen Publishers

ISBN: 9781601563378

Category: Law

Page: 281

View: 260

Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.
Categories: Law

Comparative Dispute Resolution

Comparative Dispute Resolution

Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution.

Author: Maria F. Moscati

Publisher: Edward Elgar Publishing

ISBN: 9781786433039

Category: Law

Page: 608

View: 149

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.
Categories: Law