Principles Of Dispute Resolution
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| Author | : Louisa Weinstein |
| Publisher | : Pearson UK |
| Total Pages | : 175 |
| Release | : 2018-08-02 |
| Genre | : Business & Economics |
| ISBN | : 1292220945 |
7 Principles of Conflict Resolution is the go-to resource for conflict and dispute resolution, whether you’re new to the subject or an experienced practitioner. This books sets the out 7 principles to create and maintain successful, workable relationships through effective conflict resolution. It provides you with the tools to resolve or mediate difficult conversations and conflict situations whatever the situation or context and help other people do the same to transform professional and personal relationships permanently. Crucially, it allows you to achieve results without the need to go to court or litigation even when conflict has escalated or is entrenched. The 7 principles to effective conflict resolution will enable you to understand, discuss and resolve problematic situations whether as an individual or organisation: 1. Acknowledge the Conflict 2. Take Control: building resolution focussed conversations 3. Construct a Resolution with the Conflict Resolution Framework 4. Enable others’ Success 5. Build the Resolution Culture 6. Walk the Walk 7. Engage the safety net: When informal resolution doesn’t work 7 Principles of Conflict Resolution will guide you through the process from beginning to end, with a framework for conversations and tools, techniques and strategies that work. There are also templates, exercises and worksheets that you can use to support conversations. The full text downloaded to your computer With eBooks you can: search for key concepts, words and phrases make highlights and notes as you study share your notes with friends eBooks are downloaded to your computer and accessible either offline through the Bookshelf (available as a free download), available online and also via the iPad and Android apps. Upon purchase, you'll gain instant access to this eBook. Time limit The eBooks products do not have an expiry date. You will continue to access your digital ebook products whilst you have your Bookshelf installed.
| Author | : Stephen Ware |
| Publisher | : West Academic Publishing |
| Total Pages | : |
| Release | : 2016-09-09 |
| Genre | : |
| ISBN | : 9781634595742 |
| 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.
| Author | : J. Mashamba |
| Publisher | : African Books Collective |
| Total Pages | : 226 |
| Release | : 2014-09-02 |
| Genre | : Law |
| ISBN | : 998775354X |
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.
| Author | : David Spencer |
| Publisher | : |
| Total Pages | : 374 |
| Release | : 2016 |
| Genre | : Arbitration and award |
| ISBN | : 9780455237985 |
Principles of Dispute Resolution 2nd edition has been revised to provide up-to-date commentary on the development of the law. In particular, the text focuses on the new and amended legislation in both State and federal jurisdictions, along with the developing case law on dispute resolution. Topics covered by this work include -- What is dispute resolution? -- Negotiation -- Mediation -- Arbitration -- Additional dispute resolution processes such as: conciliation; partnering; dispute review advisers and boards; and adjudication, appraisals and determinations -- Jurisdictional hybrids of dispute resolution such as: collaborative law; restorative justice; combined processes; and online dispute resolution -- Statutory dispute resolution schemes -- Legal issues such as: confidentiality; privilege; immunity; enforceability of settlement agreements; and enforceability of dispute resolution clauses in contracts -- Ethics and standards -- The future of dispute resolution.
| Author | : Vesna Lazić |
| Publisher | : Springer |
| Total Pages | : 131 |
| Release | : 2018-07-26 |
| Genre | : Law |
| ISBN | : 946265252X |
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
| Author | : Charles T. Kotuby, Jr. |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2017-02-15 |
| Genre | : Law |
| ISBN | : 0190642726 |
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
| Author | : Laurence Boulle |
| Publisher | : |
| Total Pages | : 447 |
| Release | : 2014-12 |
| Genre | : Dispute resolution (Law) |
| ISBN | : 9781927183380 |
MEDIATION: SKILLS AND STRATEGIES focusses on the practical operation of the mediation process, with particular reference to the skills and techniques which can be used by mediators in their formal and informal roles as helper, facilitators, and supporters of decision making. Recognising that mediation is not only an 'art' but also a process that can be "understood, analysed, learned, practiced and improved", the authors have developed this work to assist practitioners and students of mediation to develop the problem solving, negotiation and decision making skills that are so critical for effective mediation. Adapted for New Zealand students and practitioners from the work Mediation Skills and Techniques by Boulle and Alexander, MEDIATION: SKILLS AND STRATEGIES complements the well regarded and comprehensive work Mediation: Principles, Process, Practice also by Boulle, Goldblatt and Green. It provides an invaluable addition to the library, learning and reference resources of current and aspiring mediators. Features: All mediator skills and techniques link to the New Zealand professional standards; Text is written in plain English; Focus is on the practical knowledge and skills; Illustrations and case studies are provided to explain important points; A range of documents and precedents are provided in the appendices
| Author | : J. G. Merrills |
| Publisher | : Cambridge University Press |
| Total Pages | : 387 |
| Release | : 2011-03-17 |
| Genre | : Law |
| ISBN | : 1139500120 |
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
| Author | : Marian Roberts |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 293 |
| Release | : 2008-08-01 |
| Genre | : Social Science |
| ISBN | : 1409491331 |
This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. 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. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasizes the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this third 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.
