ADR Principles and Practice

Author: Henry J. Brown,Arthur L. Marriott

Publisher: N.A

ISBN: 9780414044791

Category: Dispute resolution (Law)

Page: 868

View: 6678

This title deals with dispute resolution as a coherent and discrete topic and remains unchallenged in this respect. It covers the theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority.

ADR Principles and Practice

Author: Henry J. Brown,Arthur L. Marriott

Publisher: N.A

ISBN: 9780414044784

Category: Dispute resolution (Law)

Page: 868

View: 9801

ADR: Principles and Practice is an essential Alternative Dispute Resolution title. The third edition will cover theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority. It will explore and integrate models of practice; examine strategies; provide precedents; assist practitioners, policy makers and the judiciary in addressing the issues affecting practice; and generally provide an encyclopaedic work of reference for practitioners and students.

Alternative Dispute Resolution in Tanzania

Law and Practice

Author: Mashamba, Clement J.

Publisher: Mkuki na Nyota Publishers

ISBN: 9987753051

Category: Law

Page: 224

View: 3338

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

Principles of Alternative Dispute Resolution

Author: Stephen J. Ware

Publisher: West Academic


Category: Law

Page: 389

View: 3087

Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and caselaw accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine.

Regulating Dispute Resolution

ADR and Access to Justice at the Crossroads

Author: Felix Steffek,Hannes Unberath

Publisher: Bloomsbury Publishing

ISBN: 1782253572

Category: Law

Page: 490

View: 5114

This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution.

Mediation in Family Disputes

Principles of Practice

Author: Ms Marian Roberts

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472406532

Category: Law

Page: 352

View: 6793

This is the authoritative textbook on family mediation. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

How Mediation Works

Theory, Research, and Practice

Author: Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn-Brenneur

Publisher: Emerald Group Publishing

ISBN: 1787147231

Category: Law

Page: 120

View: 4949

How Mediation Works will introduce management and law students as well as businesses to this art of conflict resolution from the behavioral perspective, while also providing a valuable resource to continuing education programs, mediation training, and lawyers to familiarize clients with the mediation process.

Islam, Sharia and Alternative Dispute Resolution

Mechanisms for Legal Redress in the Muslim Community

Author: Mohamed Keshavjee

Publisher: I.B.Tauris

ISBN: 1848857322

Category: Law

Page: 237

View: 9650

This book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case.

The Principles and Practice of International Commercial Arbitration

Third Edition

Author: Margaret L. Moses

Publisher: Cambridge University Press

ISBN: 1108184138

Category: Law

Page: N.A

View: 7257

Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

ADR and the Law - 22nd Edition

Author: N.A

Publisher: Juris Publishing, Inc.

ISBN: 1933833106

Category: Law

Page: 386

View: 4808

ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library. Each Volume Contains: Significant Decisions by Federal and State Courts Articles on Such Topics as: Employment Labor Mediation Judicial Review Domestic Alternative Dispute Resolution Legislation Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution International Alternative Dispute Resolution Developments International Arbitration in Specific Countries


Principles, Process, Practice

Author: Laurence Boulle,Virginia Goldblatt,Phillip Green

Publisher: N.A

ISBN: 9780408718875

Category: Dispute resolution (Law)

Page: 410

View: 3362

Written by specialist academics and practitioners, this book treats mediation in an integrated way and in the context of how it fits within the legal system. It is a valuable resource for teachers and students of mediation, legal practitioners, mediators, court officials, and other professionals with an interest in mediation. Mediation: Principles, Process, Practice provides a comprehensive account of mediation as it is currently practised in New Zealand. It reflects the rapid development in mediation over the past 10 years, including the growth and diversity of mediation practice, and the development of theory relating to mediation and associated processes. The textbook also focuses on the increased legalisation of mediation, and there is discussion of significant legislative and case law developments, particularly in relation to issues of confidentiality and "without prejudice".

The Jackson ADR Handbook

Author: Susan Blake,Stuart Sime,Julie Browne

Publisher: Oxford University Press, USA

ISBN: 9780198783190


Page: 376

View: 8837

The Jackson ADR Handbook was created following recommendations by Lord Justice Jackson that an authoritative handbook for Alternative Dispute Resolution (ADR) should be prepared. The first edition laid a strong foundation as an essential guide to ADR and received judicial endorsement in the Court of Appeal and the Technology and Construction Court. With the benefit of a few years hindsight on the implementation of the Jackson reforms, this new edition builds on the success of the first edition to provide an updated guide to all aspects of ADR. With a strong focus on practical guidance, this second edition maintains the concise and user-friendly format of the first. It includes an in-depth overview of the different options and principles of ADR, as well as sections on: the interplay between ADR, CPR, and litigation; negotiation; mediation; recording and enforcing settlement; and other alternative dispute resolution options, as well as giving a summary of the international perspective. Additional materials such as mediation providers, specimen documents, precedents, and practice tips are available on a companion website.

Dispute Processes

ADR and the Primary Forms of Decision-Making

Author: Simon Roberts,Michael Palmer

Publisher: Cambridge University Press

ISBN: 9780521676014

Category: Law

Page: 389

View: 782

Considers the primary forms of alternative dispute resolution (ADR) - negotiation, mediation, and umpiring.

Dispute Resolution

Negotiation, Mediation and Other Processes

Author: Stephen B. Goldberg,Frank E.A. Sander,Nancy H. Rogers,Sarah Rudolph Cole

Publisher: Wolters Kluwer Law & Business

ISBN: 1454822910

Category: Law

Page: 736

View: 1468

This comprehensive casebook provides overviews, critical examinations and analyses of the application of ADR s three main processes for settling legal disputes without litigation-- negotiation, mediation, and arbitration-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution. Hallmark features: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice. Distinguished, experienced author team. Direct, accessible writing. Wealth of simulations and questions that allow students to evaluate, prepare for, and practice, the various dispute resolution techniques ADR Research Guide in appendix. The revised Sixth Edition includes: More practice-related issues. The role and applications of modern technology in ADR. International applications of ADR processes. Updated synthesis of empirical mediation research, including the latest research on what makes a mediator successful. Full re-examination of the law of arbitration in light of recent U.S. Supreme Court rulings on arbitrability, preemption, judicial review, and process. Use of the principles of dispute system design as an organizing theme for examining variants on basic ADR processes. Updated materials on legal issues related to court orders to use dispute resolution, regulation of mediation, and mediation confidentiality. New questions and exercises, including exercises in mediation-arbitration and online dispute resolution.

Alternative Dispute Resolution

Author: Tania Sourdin

Publisher: N.A

ISBN: 9780455228730

Category: Compromise (Law)

Page: 725

View: 1675

The fourth edition of Alternative Dispute Resolution includes an expanded skills section with commentary on micro communication skills that support option generation and problem solving in a range of ADR processes. Tania Sourdin from Monash University.

Zuckerman on Civil Procedure

Principles of Practice

Author: A. A. S. Zuckerman

Publisher: Sweet & Maxwell

ISBN: 9781847039606

Category: Civil procedure

Page: 1506

View: 5475

This is a detailed and consistent account of the whole CPR system, dealing with how the overriding objective and other principles underlying civil procedure are applied and how judicial discretion and case management powers are exercised.

Dispute Resolution in Australia

Cases, Commentary and Materials

Author: David Spencer,Samantha Hardy

Publisher: N.A

ISBN: 9780455232676

Category: Arbitration and award

Page: 1012

View: 4178

Annotation. This third edition of DISPUTE RESOLUTION IN AUSTRALIA: CASES, COMMENTARY AND MATERIALS highlights the consolidation of the process of dispute management and resolution, particularly in the government sector. We are now seeing the full impact of government changes to the handling of civil disputation, with the establishment and fusing of specialist tribunals and commissions. The result of the creation of these extra-judicial bodies has been a reduction in some jurisdictions of matters proceeding to trial. The interesting side-effect of this development is the rise of dispute resolution processes within these specialist tribunals and commissions that seek resolution of disputes in order to avoid hearings. This new edition brings the law up to date and features: A new chapter on conflict coaching; A re-written chapter on the key elements of arbitral procedures and the common law surrounding arbitral practice featuring the new uniform commercial arbitration Acts the new uniform commercial arbitration Acts; A new chapter on dispute resolution and the criminal law system; A new chapter on dispute resolution and industrial relations. DISPUTE RESOLUTION IN AUSTRALIA: CASES, COMMENTARY AND MATERIALS, third edition is an invaluable resource for both students and practitioners, providing practical guidance and analysis in this dynamic area of the law.

How To Make Money as a Mediator (And Create Value for Everyone)

30 Top Mediators Share Secrets to Building a Successful Practice

Author: Jeffrey Krivis,Naomi Lucks

Publisher: John Wiley & Sons

ISBN: 1118046994

Category: Law

Page: 256

View: 7429

How to Make Money as a Mediator (and Create Value for Everyone) is an invaluable and inspirational resource filled with practical, proven, and down-to-earth information on how you can develop a satisfying and lucrative career as a mediator, no matter what your area of interest—labor and employment mediation, intellectual property, environment, personal injury, family and divorce, contract, securities, or international peacekeeping.