The Handbook of Dispute Resolution

The Handbook of Dispute Resolution PDF

Author: Michael L. Moffitt

Publisher: John Wiley & Sons

Published: 2012-06-28

Total Pages: 580

ISBN-13: 1118429834

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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.

The Handbook of Family Dispute Resolution

The Handbook of Family Dispute Resolution PDF

Author: Alison Taylor

Publisher: John Wiley & Sons

Published: 2012-07-12

Total Pages: 497

ISBN-13: 0787962813

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No matter your profession (attorney, clinician, family therapist) or skill level (seasoned professional or novice), The Handbook of Family Dispute Resolution is an invaluable resource that outlines the most effective mediation approaches, techniques, and skills. The Handbook of Family Dispute Resolution is a practical and comprehensive guide that includes * A review of professional ethics and standards * Help for attorneys who are not trained in the skills needed for working with families * Information about cultural issues that affect families during mediation * Highlights of key legal and negotiation skills * Guidelines for understanding complex family dynamics and conflicts * A screening tool for evaluating domestic violence * A matrix for starting discussions of parenting plans based on children's needs * An examination of specialized practices for family mediation * Direction for assessing one's professional approach to family mediation

A Handbook of Dispute Resolution

A Handbook of Dispute Resolution PDF

Author: Karl J Mackie

Publisher: Routledge

Published: 2013-01-11

Total Pages: 355

ISBN-13: 1134952805

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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.

The Blackwell Handbook of Mediation

The Blackwell Handbook of Mediation PDF

Author: Margaret S. Herrman

Publisher: John Wiley & Sons

Published: 2009-02-09

Total Pages: 472

ISBN-13: 1405152168

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This handbook invites readers who are interested in mediation,negotiation and conflict resolution to share the perspectives ofexperts in the field. Contributors include scholars, mediators, trainers andnegotiators, all of whom are passionate about their work. Emphasises both internal and external factors as importantsources of influence when negotiating conflicts. Explores the cultural and institutional frameworks that haveshaped intervention processes. Considers what techniques might work when, how and why. Demonstrates the sophistication of contemporary studies ofmediation, negotiation and conflict resolution.

The Mediation Handbook

The Mediation Handbook PDF

Author: Alexia Georgakopoulos

Publisher: Routledge

Published: 2017-09-19

Total Pages: 414

ISBN-13: 1317300696

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The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

The Handbook of Conflict Resolution

The Handbook of Conflict Resolution PDF

Author: Morton Deutsch

Publisher: John Wiley & Sons

Published: 2006-09-18

Total Pages: 959

ISBN-13: 0787986666

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The Handbook of Conflict Resolution, Second Edition is written for both the seasoned professional and the student who wants to deepen their understanding of the processes involved in conflicts and their knowledge of how to manage them constructively. It provides the theoretical underpinnings that throw light on the fundamental social psychological processes involved in understanding and managing conflicts at all levels—interpersonal, intergroup, organizational, and international. The Handbook covers a broad range of topics including information on cooperation and competition, justice, trust development and repair, resolving intractable conflict, and working with culture and conflict. Comprehensive in scope, this new edition includes chapters that deal with language, emotion, gender, and personal implicit theories as they relate to conflict.

EU Mediation Law Handbook

EU Mediation Law Handbook PDF

Author: Nadja Alexander

Publisher: Kluwer Law International B.V.

Published: 2017-03-15

Total Pages: 842

ISBN-13: 9041158677

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Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

The Handbook of Conflict Resolution Education

The Handbook of Conflict Resolution Education PDF

Author: Richard J. Bodine

Publisher: Jossey-Bass

Published: 1998

Total Pages: 262

ISBN-13:

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Based on the principles of cooperation and problem solving, conflict resolution helps students solve problems themselves by identifying underlying needs and finding solutions that meet everyone's interests to the fullest extent possible. With an easy-to-use workbook format.

A Handbook on the WTO Dispute Settlement System

A Handbook on the WTO Dispute Settlement System PDF

Author: World Trade Organization

Publisher: Cambridge University Press

Published: 2017-09-14

Total Pages: 417

ISBN-13: 1108417272

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The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

AAA Handbook on Mediation - Second Edition

AAA Handbook on Mediation - Second Edition PDF

Author: American Arbitration Association

Publisher: Juris Publishing, Inc.

Published: 2010-09-01

Total Pages: 820

ISBN-13: 1933833505

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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.