Ethics in the Expanding World of ADR PDF Download

Author:
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 542

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Author: Penny Brooker
Publisher: Routledge
ISBN: 1136018964
Category : Law
Languages : en
Pages : 402

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Book Description
In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.

Author: Prof. Dr. Komal Vig
Publisher: Inkbound Publishers
ISBN: 8195653367
Category : Law
Languages : en
Pages : 267

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Book Description
Navigate the complexities of conflict resolution with strategies in alternative dispute resolution (ADR). This book covers negotiation, mediation, and arbitration techniques, offering practical guidance for legal professionals seeking effective resolution methods.

Author:
Publisher:
ISBN:
Category : National security
Languages : en
Pages : 388

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Author: HENRY. WATERS BROWN (BEN. QC, BILL WOOD)
Publisher:
ISBN: 9780414071858
Category : Dispute resolution (Law)
Languages : en
Pages : 544

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Author: Lisa Blomgren Amsler
Publisher: Stanford University Press
ISBN: 1503611361
Category : Law
Languages : en
Pages : 406

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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: Scott J. Shackelford
Publisher: Aspen Publishing
ISBN: 154382059X
Category : Law
Languages : en
Pages : 953

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Effective managers must accurately assess the legal and ethical ramifications of complex business transactions. This requires familiarity with the basic principles of comparative and international law, including trade, and an understanding of the importance of culturally diverse ethical traditions in all business relationships. Legal and Ethical Aspects of International Business is your authoritative guide to the law and ethics of business leadership in the global market. It provides the vehicle for today’s and tomorrow’s managers to successfully navigate the legal and ethical environment of business around the world. New to the Second Edition: This new edition constitutes a substantial reorganization from the first edition. In particular, the text is now composed of four parts: Part One, Public International Law and Business Ethics Part Two, Global Contracting and Resolution of Private Disputes Part Three, Import and Export Law Part Four, Protecting Ideas, Individuals and Infrastructure The new edition also includes updated cases and new issues, including cybersecurity and sustainability. Professors and student will benefit from: Well-selected and well-edited cases in each chapter help foster discussions. Finely crafted end of chapter exercises support students’ grasp of the more difficult concepts. Integrated ethics coverage appears throughout the book. Numerous examples provide context and real-world application of concepts. Rich graphics reinforce key models.

Author: Jerome T. Barrett
Publisher: John Wiley & Sons
ISBN: 0787975427
Category : Law
Languages : en
Pages : 330

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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: Ellen Waldman
Publisher: John Wiley & Sons
ISBN: 0787995886
Category : Law
Languages : en
Pages : 470

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Book Description
Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates

Author: Susan Blake
Publisher: Oxford University Press, USA
ISBN: 0199644985
Category : Law
Languages : en
Pages : 640

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Book Description
A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.