A Handbook of Dispute Resolution: ADR in ActionKarl J Mackie, Karl Mackie Routledge, 11/01/2013 - 318 páginas A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective. |
Índice
Procedure or result What do disputants want from legal | |
Alternative dispute resolution and the civil justice system | |
Developments in commercial arbitration | |
Negotiation and mediation From inelegant haggling to sleeping | |
Introduction | |
and results 198386 | |
Introduction | |
Mediation in the Peoples Republic of China Some general | |
Alternative dispute resolution in Australia | |
Introduction | |
Figures | |
Considering dispute resolution A research prospectus | |
Conclusion Dispute resolution futures | |
Alternative dispute resolution Financial services | |
Family conciliation From research to practice | |
Articulating the power of us plus them Community conflict | |
Consumer protection Strategies for dispute resolution | |
References | |
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Palavras e frases frequentes
ACAS ACDC adjudication administrative adversarial adversary system agreement alternative dispute resolution American Arbitration Association appointed approach Arbitration Act 1979 areas associations Australia award boards British Columbia Building Societies cent Central Arbitration Committee clients commercial disputes complaints conflict consumer context costs Council county courts criteria decision dispute resolution processes divorce effective enforcement established evaluation example experience fair family conciliation formal grievance important independent individual industrial relations institutions interests International Commercial Arbitration involved issues judges judicial jurisdiction lawyers legal system legislation litigation mediation committees National Consumer Council negotiation neighbourhood organizations outcome participants people’s personal injury plaintiffs practice problem procedural justice procedure proceedings professional programme reform relationship resolve role rules schemes Schiedsstellen settled settlement skills small claims small claims courts social solicitors statutory suggests techniques third party trade tribunal types