Author: Tobie Wiese Publisher: ISBN: 9781485118954 Category : Languages : en Pages : 382
Book Description
Alternative Dispute Resolution in South Africa: Negotiation, mediation, arbitration and ombudsmen addresses the increasing use of alternative dispute resolution mechanisms ir resolving disputes rather than resorting to court-based litigation. The focus of the book is on resolution of commercial and labour disputes. Alternative Dispute Resolution in South Africa covers negotiation, mediation, arbitration, ombudsmen and administrative dispute resolution. The skills, techniques and relevant statutory framework for each field of alternative dispute resolution are discussed, and local and international examples of the application of the relevant principles are provided.
Author: Jean-Claude Goldsmith Publisher: Kluwer Law International B.V. ISBN: 904113414X Category : Law Languages : en Pages : 690
Book Description
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Author: Lisa Blomgren Amsler Publisher: Stanford University Press ISBN: 1503611361 Category : Law Languages : en Pages : 424
Book Description
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.
Author: John Riches Publisher: John Wiley & Sons ISBN: 1405172061 Category : Technology & Engineering Languages : en Pages : 424
Book Description
Adjudication has been the main means of settling construction disputes since it was first introduced by the Housing Grants, Construction and Regeneration Act 1996, and a substantial body of case law has now built up. This book established itself as the key authority on adjudication when it was first published. It has now been revised to reflect the authors' experience of adjudication in practice and to cover the large number of court decisions. It features useful appendices on adjudication materials.
Author: Jerome T. Barrett Publisher: John Wiley & Sons ISBN: 0787975427 Category : Law Languages : en Pages : 330
Book Description
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.
Author: Ida Kwan Lun Mak Publisher: Cambridge University Press ISBN: 1108329314 Category : Law Languages : en Pages : 277
Book Description
The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Author: Publisher: Aspatore Books ISBN: 9780314279699 Category : Dispute resolution (Law) Languages : en Pages : 0
Book Description
The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.
Author: Peter A. Ramsden Publisher: Juta and Company Ltd ISBN: 9780702181924 Category : Law Languages : en Pages : 400
Book Description
The Law of Arbitration sets out the South African common law, legislation and case law applicable to each stage of the arbitration cycle, including the arbitration agreement, the staying of court proceedings, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, the arbitration award and court intervention. A brief overview of alternative dispute resolution approaches and the different forms of arbitration is provided as a contextual introduction. The book draws extensively from the UNCITRAL Model Arbitration Law (MAL) and from international case law. There has been almost universal adoption of arbitration as the preferred dispute resolution mechanism for international contracts and rapid convergence of the international law of arbitration, as many countries have adopted the Model Law either in full or in part. Important local and international arbitration legislation and texts are included as appendices.
Author: Tobie Wiese
Author: John Brand
Author: Jean-Claude Goldsmith
Author: Ebrahim Patelia
Author: Lisa Blomgren Amsler
Author: John Riches
Author: Jerome T. Barrett
Author: Ida Kwan Lun Mak
Author: 
Author: Peter A. Ramsden