Dispute Resolution

Examples & Explanations

Author: Michael L. Moffitt,Andrea Kupfer Schneider

Publisher: Aspen Publishers

ISBN: 9780735599567

Category: Law

Page: 316

View: 6712

Highly respected ADR authors Michael Moffitt and Andrea K. Schneider bring their considerable experience and expertise to the proven-effective Examples & Explanations Series pedagogy. Mirroring how many ADR courses are taught, Dispute Resolution combines introductions to theory with practical exercises in decision analysis, problem solving, and various forms of conflict resolution. The timely Second Edition sees an expanded treatment of the ethics, confidentiality, and participation requirements in mediation. Coverage of arbitration has been thoroughly updated. Many examples have been refreshed and revised. An ideal study guide for Mediation, Arbitration, or the survey ADR course, Dispute Resolution features: clear, readable, up-to-date introductions to legal theory and doctrine , such as The Law of Fraud The Uniform Mediation Act The Model Standards of Conduct for Mediators The Federal Arbitration Act The Revised Uniform Arbitration Act a logical organization that traces the coverage of most survey courses on Dispute Resolution liberal use of visual aids, such as diagrams, charts, and conceptual illustrations cites and references to principle cases used in most of the leading casebooks New in the Second Edition expanded coverage of mediation that includes developments in ethics, confidentiality, and participation requirements updated treatment of arbitration that includes new U.S. Supreme Court opinions, state and federal legislative changes, and common contractual modifications

Examples & Explanations for Dispute Resolution

Author: Michael L. Moffitt,Andrea Kupfer Schneider

Publisher: Wolters Kluwer Law & Business

ISBN: 1454833971

Category: Law

Page: 360

View: 6026

A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures

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: 3659

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.

Appropriate Dispute Resolution

Author: William J. Barry

Publisher: Wolters Kluwer Law & Business

ISBN: 1454841257

Category: Law

Page: 336

View: 644

This is a comprehensive text designed to introduce paralegal students to the range of dispute resolution tools available to legal professionals. In a clear and accessible format, the text combines straightforward textual explanations with practical examples. Each chapter includes a wealth of end-of-chapter activities that reinforce the concepts discussed in the text, including practice test questions, review questions, application questions and practice exercises. Key Benefits: A book designed specifically for paralegal students —coverage is extensive and the methodology is appropriate for paralegal study. Examples and end-of-chapter exercises that provide the basis for classroom discussions, role plays and opportunities for students to practice paralegal skills. Up-to-date, relevant coverage of new, cutting-edge areas of ADR with a solid introduction to the basics. Discussion of the nature and dynamics of conflicts, followed by a comparison of litigation with other dispute resolution methods.

Designing Systems and Processes for Managing Disputes

Author: Nancy H. Rogers,Robert C. Bordone

Publisher: Wolters Kluwer Law & Business

ISBN: 1454829095

Category: Business & Economics

Page: 496

View: 8993

Designing Systems and Processes for Managing Disputes is the first book of its kind that teaches students how to address situations where highly complex disputes--or series of disputes--are not well-served by existing systems. With clear focus on skill development, and challenging problems and exercises, the text provides numerous examples of complex disputes across a variety of venues. With a detailed Appendix to assist students with no prior dispute resolution experience, this casebook is appropriate for law school courses, as well as those taught in business or public policy schools. Flagship features of Designing Systems for the Effective Management of Conflict: Authors Rogers, Bordone, Sander, and McEwen are all renowned scholars in this area. Focus is on skill development for dispute systems designers. Challenging problems and exercises help students apply their learning. Numerous examples of complex disputes include: eBay, the child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts. Multi-disciplinary approach makes this course book appropriate for law, business or public policy school courses. Comprehensive Appendix assists students with no background in dispute resolution. Profiles of designers provide models for a career in professional dispute systems design work.

Examples & Explanations for International Law

Author: Valerie Epps,Lorie Graham

Publisher: Wolters Kluwer Law & Business

ISBN: 1454851627

Category: Law

Page: 480

View: 5290

A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures

Mediation

A Psychological Insight Into Conflict Resolution

Author: Freddie Strasser,Paul Randolph

Publisher: A&C Black

ISBN: 9780826475039

Category: Psychology

Page: 202

View: 5205

This book is about conflict resolution through mediation, from a psychological perspective. Although written in part from the point of view of litigation, the objective is to demonstrate how an appreciation of the psychological aspects of conflict and an understanding of the emotional strategies people adopt in dispute situations can assist both lawyers and non-lawyers in resolving conflicts. The book consists of three sections- a theoretical analysis of conflict and conflict resolution; a practical, legal and experiential explanation of mediation; and thirdly a series of mock mediations, comprehensively analysed from the viewpoint of the mediator and the parties, providing tips and guidance on the dilemmas and pitfalls that mediators encounter. The book is based on three fundamental tenets: that conflict is ever present, and cannot be eliminated but can be worked with; that the attitude and stance of the mediator towards the dispute can be of significance to the outcome; and above all that the use of psychotherapeutic tools can facilitate a paradigm shift in the parties' approach to conflict. The authors demonstrate how the mediator can move parties in dispute from a position of intransigent adversity to a working alliance, and thereby achieve a 'good enough ' resolution.

Family Law

Author: Robert E. Oliphant,Nancy Ver Steegh

Publisher: Aspen Publishers Online

ISBN: 073556289X

Category: Law

Page: 499

View: 723

A clear and comprehensive organization makes Examples & Explanations: Family Law the perfect ancillary source for any family law course. This cutting-edge and topically significant supplement is now fully updated in its Second Edition. Utilizing the trusted Examples & Explanations methodology, this text challenges students to assimilate a vast array of material in a problem-based, forward thinking manner. This edition retains the great features that made it a dependable source for students in its First Edition: offers clear organization and comprehensive coverage of material includes topics such as alternative dispute resolution, domestic violence, and professional responsibility breaks family law into distinct, digestible topics, unlike other books of its nature distinguishes maintenance from property division and custody from modification of custody challenges students with cutting edge issues, as authors integrate firsthand accounts of material with progressive practitioners to discern new trends in family law and family law practice The Second Edition also includes an abundance of updated & timely information, including: discussion of innovative new procedures and professional roles, including: parenting coordinators neutral experts collaborative law practice additional emphasis on same-sex marriage, cohabitation, child support, paternity, and alternative dispute resolution almost entirely new examples and explanations, most of which are based on actual reported cases additional focus on abortion and other constitutional issues An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/familye&e

Commercial Conflict Management and Dispute Resolution

Author: Peter Fenn

Publisher: Routledge

ISBN: 113697492X

Category: Technology & Engineering

Page: 176

View: 9222

Commerce is inherently complex and the sums of money involved can be astronomical, so it is no surprise that conflicts and disputes are all too common. There are numerous techniques designed to resolve these problems, and this book summarizes the most important of these, as well as alternative dispute resolution methods. The reader seeking a deeper understanding of these procedures will also find clear explanations of the principles and methods for conflict management, such as negotiation, risk management, mediation and conciliation. As well as outlining these different techniques, guidance on which approach is appropriate in common situations is also given, helping the reader apply what they have learned to the real world. The significance of cultural issues is explained, before the reader is presented with suggestions for how to take these into account. Throughout, the book is illustrated with case studies from examples as diverse as Mumbai's DabbaWalla, The First World War and Terminal 5 at London Heathrow. Written with undergraduate students in mind, this book also serves to give a neat and brief overview for professionals. Those studying or working in commerce generally, construction project management, construction management, and construction law will find this to be an invaluable book.

Examples & Explanations for Family Law

Author: Robert E. Oliphant,Nancy Ver Steegh

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876050

Category: Law

Page: 784

View: 7409

A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. Examples & Explanations: Family Law, 5E provides readers with an in-depth understanding of complex family law principles and how they are applied in practice. Its clear organization breaks family law into distinct topics. Following the Examples and Explanations pedagogy, this book features examples based on challenging real-life situations followed by practical solutions in the explanations section. Citations and links to additional source material make the text a valuable research tool. The Fifth Edition puts a greater emphasis on self-assessment and helping students prepare for a variety of testing approaches. There is a new focus on emerging national legislative trends, and the legal issues faced by same-sex partners are discussed across chapters. This edition includes new alternative dispute resolution (ADR) processes and professional responsibility issues arising from interdisciplinary roles. Family law evolves quickly and the Fifth Edition captures recent developments while anticipating future policy challenges. Features: Updated chapters, including coverage of recent same-sex marriage decisions. Updated and additional problems. Sharper focus and detail in several chapters. Text that is easily researched using the index and Table of Cases. More identification and discussion of emerging policy issues.

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: 2168

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.

Hypnosis for Inner Conflict resolution

Including parts therapy

Author: Roy Hunter

Publisher: Crown House Publishing

ISBN: 1845905245

Category: Psychology

Page: 208

View: 4459

Increasing numbers of therapists around the world are discovering the benefits of parts therapy and its variations to help clients get past personal barriers. Variations of parts therapy such as ego state therapy or voice dialogue are already used by many psychotherapists and psychologists who also use hypnosis in their practices. This book will provide therapists with the added knowledge of parts therapy.

Resolving Disputes

Theory, Practice, and Law

Author: Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Lisa A. Kloppenberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877294

Category: Law

Page: 912

View: 9780

Resolving Disputes: Theory, Practice, and Law, Third Edition, features a logical four-part organization that covers negotiation, mediation, arbitration, and hybrid approaches, which prepares law students to represent clients in all forms of alternative dispute resolution. Drawing on the authors decades of experience as teachers, neutrals, and ADR trainers, this casebook provides vivid examples presented from headline cases, literature, and the authors files. In addition, it offers excerpts from other leading authors so that diverse ideas are juxtaposed on major issues. The text integrates coverage of law, ethics, and practice and interesting notes, thoughtful problems and provocative questions throughout the text illustrate the role of the attorney, the perspective of the client and practical challenges. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on challenging topics. Fresh notes and examples from actual cases. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. A single chapter now contrasts commercial, no-caucus and transformative mediation techniques. Completely revised arbitration section, features interesting new material and engaging exercises. Presents practical information on drafting arbitration agreements, selecting arbitrators, and procedures. Recent legislative and judicial developments in arbitration law, award enforcement, and fairness issues. New treatment of hybrid ADR and dispute systems design. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Evidence

Examples & Explanations

Author: Arthur Best

Publisher: Aspen Publishers Online

ISBN: 0735584796

Category: Law

Page: 301

View: 8470

The #1 study guide for Evidence is now in its Seventh Edition. Examples & Explanations: Evidence is the go-to resource for any student struggling to understand the concepts and rules of evidence as described in their casebook. the Examples & Explanations pedagogy encourages students to read the text carefully, apply what they have learned, and test their understanding of the material. A leader in its field, Examples & Explanations: Evidence features: clear and concise introductions to the concepts and Rules of Evidence examples with questions that start out simply and gradually build in complexity thorough explanations of how to analyze the questions in the examples a "plain language" version of the Federal Rules of Evidence, complete with new amendments to the Rules generous use of visual aids--tables and charts--that illustrate key concepts Still fewer than 350 pages, the Seventh Edition includes: discussion of Giles v. California, concerning Hearsay and the Confrontation Clause analysis of newly-adopted Rule 502, regarding inadvertent waiver of the attorney-client privilege, with a plain-language explanation in the Appendix a flow chart that illustrates the proper sequence of analysis for relevance and hearsay exclusions & exceptions as applied to an out-of-court statement a new chart that illustrates character evidence with regard to the propensity inference Examples & Explanations: Evidence, Seventh Edition, is a current and time-proven resource that you can recommend to your students with confidence.

Dispute Resolution in Sport

Athletes, Law and Arbitration

Author: David McArdle

Publisher: Routledge

ISBN: 1136479422

Category: Law

Page: 194

View: 5078

An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.

Business, Conflict Resolution and Peacebuilding

Contributions from the private sector to address violent conflict

Author: Derek Sweetman

Publisher: Routledge

ISBN: 1134013825

Category: History

Page: 160

View: 6823

Business, Conflict Resolution and Peacebuilding examines the actions currently being taken by businesses in areas of violent conflict around the world, and explores how they can make a significant contribution to the resolution of violent conflicts through business-based peacebuilding. This book combines two approaches to provide a comprehensive look at the current state and future of business- based peacebuilding. It marries a detailed study of documented peacebuilding activities with a map of the possibilities for future business-related conflict work and pragmatic suggestions for business leaders, conflict resolution practitioners, and peacebuilding organizations. The use of the label ‘business-based peacebuilding’ is new and signifies actions business can take beyond simple legal compliance or making changes to avoid creating a conflict. Although business-based peacebuilding is new, examples are included from around the world to illustrate that, working together, businesses have a strong contribution to make to the creation of peaceful societies. The book advocates pragmatic peacebuilding, which is not overly concerned with cause-driven models of conflict. Instead, pragmatic peacebuilding encourages an examination of what is needed in the conflict and what can be provided. This approach is free of some of the ideological baggage of traditional peacebuilding and allows for a much wider range of participants in the peacebuilding project. This book will be of much interest to students of peace studies, conflict resolution, international security and business studies, as well as to practitioners and business leaders. Derek Sweetman is Dispute Resolution Director for Better Business Bureau in Washington, DC and Instructor at New Century College, George Mason University, USA.

Contemporary Conflict Resolution

The Prevention, Management and Transformation of Deadly Conflicts

Author: Oliver Ramsbotham,Tom Woodhouse,Hugh Miall

Publisher: Polity

ISBN: 0745632122

Category: Philosophy

Page: 399

View: 9416

Since the end of the Cold War, conflict prevention and resolution, peacekeeping and peacebuilding have risen to the top of the international agenda. The second edition of this hugely popular text charts the development of the field from its pioneers to its contemporary exponents and offers an assessment of its achievements and the challenges it faces in today′s changed security environment. Existing material has been thoroughly updated and new chapters added on peacebuilding from below, reconciliation, responses to terror, gender issues, the ethics of intervention, dialogue, discourse and disagreement, culture and conflict resolution, and future directions for the field. the authors argue that a new form of cosmopolitan conflict resolution is emerging, which offers a hopeful means for human societies to transcend and celebrate their differences. Part I offers a comprehensive survey of the theory and practice of conflict resolution. Part II enters into the controversies that have surrounded conflict resolution as it has become part of the mainstream. Contemporary Conflict Resolution is essential reading for students of peace and security studies, conflict management and international politics, as well as those working in non–government organizations or think–tanks.

Enhanced Dispute Resolution Through the Use of Information Technology

Author: Arno R. Lodder,John Zeleznikow

Publisher: Cambridge University Press

ISBN: 9781139488549

Category: Law

Page: N.A

View: 6342

Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.

Governance, Conflict Analysis and Conflict Resolution

Author: Cedric Hilburn Grant,R. Mark Kirton

Publisher: Ian Randle Publishers

ISBN: 9766372594

Category: Political Science

Page: 494

View: 5213

Decades after our contemporary international system witnessed the end of the Second World War, the events that followed in its aftermath has fashioned an international system characterized by global conflict in the guise of the Cold War. Although wars were part of the struggle between the two rival super powers - the US and USSR - their main theatre was the Third World and hostilities during the Cold War era were global. It is against this backdrop that Governance, Conflict Analysis and Conflict Resolution addresses conflict in the Caribbean and elsewhere, exploring the linkages between conflict and development. The book is divided into eight sections and offers diverse views on conflict, conflict resolution and governance: Part 1 - Governance and Conflict Management in a Global Context; Part II - Management and resolution of Conflict in the Regional Context; Part III - Perspectives on Social Stratification, Political Rivalry and Ethnic Insecurities; Part IV - High Intensity Conflicts; Part V - The Management and Resolution of Territorial Conflicts; Part VI - Poverty, Economics and Conflict Management; Part VII - Advancing Conflict Resolution through Education; and Part VIII - Civil Society, Governance and Social Consensus.