ADR Principles and Practice

ADR Principles and Practice
Author: Henry J. Brown
Publisher:
Total Pages: 868
Release: 2011
Genre: Dispute resolution (Law)
ISBN: 9780414044784

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.

Handbook of ICC Arbitration

Handbook of ICC Arbitration
Author: Thomas H. Webster
Publisher: Sweet & Maxwell
Total Pages: 1017
Release: 2014
Genre: Law
ISBN: 0414044630

Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.

Construction Dispute Research

Construction Dispute Research
Author: Sai On Cheung
Publisher: Springer
Total Pages: 408
Release: 2014-07-08
Genre: Technology & Engineering
ISBN: 331904429X

There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.

International Arbitration: Law and Practice in Switzerland

International Arbitration: Law and Practice in Switzerland
Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
Total Pages: 732
Release: 2015-10-22
Genre: Law
ISBN: 0191669199

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Alternative Dispute Resolution

Alternative Dispute Resolution
Author: Albert Fiadjoe
Publisher: Routledge
Total Pages: 199
Release: 2013-03-04
Genre: Law
ISBN: 1135332096

This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Mediation

Mediation
Author: Laurence Boulle
Publisher:
Total Pages: 617
Release: 2001
Genre: Conflict management
ISBN: 9780406927477

The principles & process involved in mediation are universal to the legal profession the world over, as are the questions that arise from this subject. This book is designed specifically to answer those questions & shed light on the skills & issues that need to be understood to make mediation work. The book will bring you all the information you need to fully understand the benefits of mediation, how & when mediation might be used, how to use it successfully & how to establish an Alternative Dispute Resolution programme.

Resolving Environmental Disputes

Resolving Environmental Disputes
Author: Roger Sidaway
Publisher: Routledge
Total Pages: 320
Release: 2013-06-17
Genre: Nature
ISBN: 1136558462

Resolving Environmental Disputes presents detailed case studies from the key contemporary themes in resource management and environmental protection, such as: access to the countryside for recreation, sustainable forestry, pollution and risks to health, and coastal zone management. The book spans both theory and practice in assessing the relationship between public participation and mediation. It is structured around detailed case studies from Britain, the USA and the Netherlands, which are interspersed with chapters providing explanation and interpretation of the theoretical and practical issues involved. In reviewing the state of environmental conflict resolution, the author examines how and why conflicts occur and whether approaches to conflict resolution based on consensus building could be more widely applied.

Psychology, Emotion and Intuition in Work Relationships

Psychology, Emotion and Intuition in Work Relationships
Author: Henry Brown
Publisher: Routledge
Total Pages: 427
Release: 2018-03-05
Genre: Psychology
ISBN: 135140010X

Psychology, Emotion and Intuition in Work Relationships: The Head, Heart and Gut Professional highlights the increasing importance of human relations in professional life. In modern society, all those who work with or provide services to others are increasingly called upon to be not just technical experts, but also ‘head, heart and gut professionals’ – who can work and relate to others with their head, heart, and gut. The book explains and synthesises these elements in an accessible way, based on a sound theoretical perspective combined with practical guidance. The authors address how to manage client expectations; how to deal with risk, uncertainty and imperfection, as well as how to improve communication and interpersonal skills. Attention is also given to the central role of empathy and rapport in professional relationships, while recognising the need for proper professional boundaries. Psychology, Emotion and Intuition in Work Relationships will be a valuable guide for all modern practising and training professionals in a broad range of fields, including mental health, law, social and healthcare, teaching and academia, technology, financial and other services – indeed, for anyone who provides services and has working relationships of any kind.