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: 391

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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.
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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: 105

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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.
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A Handbook of Dispute Resolution

Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues.

Author: Karl J Mackie

Publisher: Routledge

ISBN: 9781134952809

Category: Social Science

Page: 318

View: 724

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A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.
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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: 428

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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.
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Dispute Resolution

Contains articles written by 13 different contributors covering different aspects of dispute resolution.

Author: Paul Pretorius

Publisher:

ISBN: STANFORD:36105061704065

Category: Arbitration and award

Page: 229

View: 891

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Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.
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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: 110

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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.
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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: Aspen Publishers

ISBN: 9781543805840

Category: Law

Page: 348

View: 661

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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
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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: 692

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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.
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A Practical Approach to Alternative Dispute Resolution

This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes.

Author: Susan Blake

Publisher: Oxford University Press (UK)

ISBN: 9780198714477

Category: Law

Page: 595

View: 727

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A Practical Approach to Alternative Dispute Resolution provides a comprehensive and easily digestible commentary on all the major areas of ADR. Designed to support teaching and learning on the Bar Professional Training Course, it will also be of interest to practitioners who are looking for a clear exposition of the range of ADR processes. Written by an authoritative and highly respected author team, A Practical Approach to Alternative Dispute Resolution contains a range of features designed to enhance the reader's understanding of the key points, including sample documentation, flow diagrams, tables, and examples drawn from a range of different types of practice. Numerous cross-references to relevant websites and further resources are also provided. This second edition has been brought fully up to date on current practice and issues affecting ADR, including the development of the role of the Civil Mediation Council, online ADR options, and the forthcoming implementation of the Jackson Review reforms. The book's expanded coverage also makes it a suitable text for LLM courses on ADR. Online Resource Centre - Updates to cases and procedures, including the implementation of the EU Directive on Mediation - Useful links for each chapter - Diagrams and figures from the book
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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: 877

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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.
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Dispute Resolution in Asia

Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies.

Author: Michael Charles Pryles

Publisher: Kluwer Law International B.V.

ISBN: 9789041124463

Category: Law

Page: 475

View: 649

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Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com
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Dispute Resolution in the Construction Industry

Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for ...

Author: Nicholas Gould

Publisher: Thomas Telford

ISBN: 0727728466

Category: Construction industry

Page: 222

View: 766

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"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved
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Online Dispute Resolution For Business

This is guidebook analyzes the strengths and weaknesses of ODR in a wide range of business applications, including e-commerce (both business-to-business and business-to-consumer), insurance claims, employment and workplace disputes, privacy ...

Author: Colin Rule

Publisher: John Wiley & Sons

ISBN: 0787967769

Category: Business & Economics

Page: 326

View: 907

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In this original and highly useful resource, Colin Rule—a pioneer in the field of online dispute resolution (ODR)—shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.
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ALTERNATIVE DISPUTE RESOLUTION

Of Contents Volume 1 -- Chapter 1. Introduction -- Chapter 2. Alternative Dispute Resolution Methods -- Chapter 3. Negotiation -- Chapter 4. Mediation -- Chapter 5. Mediation Advocacy -- Chapter 6. Arbitration: Statutory Bases -- Chapter 7.

Author: TANIA. SOURDIN

Publisher:

ISBN: 045524300X

Category:

Page:

View: 243

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Dispute Resolution

For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation ...

Author: Stephen B. Goldberg

Publisher: Aspen Publishers

ISBN: STANFORD:36105061813155

Category: Dispute resolution (Law)

Page: 503

View: 498

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This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
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International Dispute Settlement

This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution.

Author: MaryEllen O'Connell

Publisher: Routledge

ISBN: 9781351562485

Category: Law

Page: 552

View: 948

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The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.
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Alternative Dispute Resolution

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.

Author: Albert Fiadjoe

Publisher: Routledge

ISBN: 9781135332099

Category: Law

Page: 180

View: 315

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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.
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Alternative Dispute Resolution

Now in paperback, this book addresses the rapidly evolving field of Alternative Dispute Resolution in a manner ahead of its time.

Author: Laurie S. Coltri

Publisher: Pearson College Division

ISBN: OSU:32437122840222

Category: Business & Economics

Page: 330

View: 691

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Now in paperback, this book addresses the rapidly evolving field of Alternative Dispute Resolution in a manner ahead of its time. Taking a cross-disciplinary approach, it explains the cognitive, social, organizational and developmental psychology theories that influence ADR and its approaches. From mediation to arbitration to hybrid processes, it helps students understand the strengths and weaknesses of the many varieties of ADR, and why various approaches succeed or fail. This edition includes streamlined coverage of conflict diagnosis, increased treatment of non-adversarial, facilitative forms of dispute resolution, and the latest legal and ethical trends impacting the field. For human resources personnel, dispute resolution system designers, trainers and ombuds, as well as ADR neutrals and neutrals-in-training
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Online Dispute Resolution

Online Dispute Resolution Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today and tomorrow A Promise Unfulfilled and What to Do About It - Complaint Handling Now Marc Grainer; Scott ...

Author: Net Neutrals EU

Publisher: AuthorHouse

ISBN: 9781504963541

Category: Business & Economics

Page: 116

View: 749

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Online Dispute Resolution

Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today

and tomorrow

A Promise Unfulfilled and What to Do About It - Complaint Handling Now

Marc Grainer; Scott Broetzmann, David Beinhacker, and

Richard Grainer

Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective

Jo DeMars

Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System

Pablo Cortes

Consumer Trust and Business Benefits with ODR

Immaculada Barral-Viñals

Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design

Riika Koulu

The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool

- Benefits and Challenges
Amy Koltz

Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View

Katherine G. Newcomer

One Man's View of One Country - ADR & ODR and the future of complaint management in the UK

Adrian Lawes
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Privatizing Dispute Resolution

Der Band dokumentiert die Ergebnisse der dritten IAPL-MPI Post-Doctoral Summer School, die vom 1. bis 4. Juli 2018 in Luxemburg stattfand.

Author: Loic Cadiet

Publisher: Nomos Verlag

ISBN: 9783748900351

Category: Law

Page: 646

View: 667

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Der Band dokumentiert die Ergebnisse der dritten IAPL-MPI Post-Doctoral Summer School, die vom 1. bis 4. Juli 2018 in Luxemburg stattfand. Die Summer School bringt herausragende junge Post-Doc-Forscher zusammen, die sich mit dem europäischen, internationalen und vergleichenden Verfahrensrecht sowie anderen relevanten Mechanismen der Streitbeilegung befassen. Ihnen wird die Möglichkeit geboten, aktuelle Forschungsprojekte offen mit jungen Kollegen und erfahrenen Wissenschaftlern zu diskutieren. Der fruchtbare Generationenmix steht im Mittelpunkt des Projekts, das sich auf prozessualer und materieller Ebene v.a. mit nationalem Recht, der Rechtsvergleichung, dem Europa- und Völkerrecht befasst.
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