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Dispute System Design

Author: Lisa Blomgren Amsler

Publisher: Stanford University Press

Published: 2020-06-02

Total Pages: 406

ISBN-13: 1503611361

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.

Designing Systems and Processes for Managing Disputes

Author: Nancy H. Rogers

Publisher: Aspen Publishing

Published: 2018-12-03

Total Pages: 651

ISBN-13: 1543805361

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Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts

Designing Conflict Management Systems

Author: Cathy A. Costantino

Publisher: Jossey-Bass

Published: 1996

Total Pages: 280

ISBN-13:

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As social stresses escalate and organizations experience more turbulence and uncertainty, conflict in the workplace is on the rise. This book presents a clear, step-by-step approach for developing and evaluating conflict management systems within any organization.

Getting Disputes Resolved

Author: William L. Ury

Publisher: Jossey-Bass

Published: 1988-11-25

Total Pages: 240

ISBN-13:

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This book offers tested guidelines for designing a dispute resolution system that will help handle conflicts effectively on an ongoing basis - and avoid the damaging costs of attorneys fees, lost production, and emotional injury.

Alternative Dispute Resolution for Organizations

Author: Allan J. Stitt

Publisher: Wiley

Published: 2000-01-10

Total Pages: 0

ISBN-13: 9780471643234

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Alternative Dispute Resolution (ADR) is a rapidly growing field, due to its popularity as an alternative to long and expensive lawsuits. ADR involves resolving disputes of any kind outside of the judicial system, through negotiation, mediation, arbitration, and other processes. This book is for people who work within organizations and are involved in disputes themselves, or for people who are required to deal with or resolve disputes. It covers how to set up a dispute resolution process in an organization.

Business Dispute Resolution

Author: Thomas D. Cavenagh

Publisher: South Western Educational Publishing

Published: 2000

Total Pages: 246

ISBN-13:

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Cavenagh (business law and conflict resolution, North Central College, Illinois) sets out the details of the dispute resolution programs at nine successful companies, describes the companies' reasons for creating the programs, assesses the programs, and predicts trends in law and business relating t

Dispute System Design

Author: Lisa Blomgren Amsler

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9780804771764

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What is dispute system design? -- Analytic framework for dispute system design -- System building blocks : processes for preventing, managing, and resolving conflict -- System design practice -- Accountability : evaluating dispute system design -- Ethics in system design -- Court programs -- Claims facilities -- Communities and justice -- Labor relations : the birthplace of dispute system design -- Managing conflict in employment -- Arbitration in commercial and employment designs -- Commercial disputes -- Consumer disputes -- Transitional justice -- International dispute resolution -- Collaborative governance and dispute system design -- Designing dispute systems for the environment.

Alternative Dispute Resolution in the Regulatory Process

Author: Deirdre McCarthy Gallagher

Publisher: MSU Press

Published: 2020-06-01

Total Pages: 160

ISBN-13: 1628953810

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An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.

Emerging Systems for Managing Workplace Conflict

Author: David B. Lipsky

Publisher: Jossey-Bass

Published: 2003-04-25

Total Pages: 442

ISBN-13:

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Emerging Systems of Managing Workplace Conflict presents illustrative real-life examples as well as cutting-edge methods and tools for integrating systems of dispute resolution into standard corporate procedures. This vital resource investigates the systems organizations have developed to manage common and costly workplace conflicts involving supervisor-employee relationships; race, age, and gender discrimination complaints; sexual harassment; occupational safety and health; reasonable accommodation of the disabled; and wrongful termination as well as other problems stemming from governmental regulations and court actions. Drawing on the authors' vast research and frontline experience with a wide variety of corporations and organizations, this important book examines successful responses to universal workplace problems and conflicts. In addition, the book is filled with illuminating case examples and stories from organizations, such as Brown and Root, Kaufman and Broad, Warner Brothers, Universal-Studios, Kaiser Permanente, the United States Postal Service, Johnson & Johnson, Shell, Prudential, and others, that have instituted systems of dispute resolution in response to ongoing destructive conflict, expensive litigation, and crippling settlements. This book offers an enormously useful approach for the application of the most up-to-date systems of organizational conflict resolution and shows how this approach can work in specific situations to save time and money.

Mediation in International Commercial and Investment Disputes

Author: Catharine Titi

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 417

ISBN-13: 0198827954

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Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.