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Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
This book includes the diverse personal histories of some of the founders, institutionalizers, and leaders of change in the filed of conflict resolution. The authors of the essays in this book play a variety of roles: mediator, facilitator, arbitrator, ombuds, academic, system designer, entrepreneur, leaders of public and private conflict resolution organizations, researcher, advocate for conflict resolution and critic of conflict resolution. The narratives of the contributors provide a way to understand the conflict resolution field and its principles.
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Contemporary public policy challenges are increasingly called “wicked problems,” or problems that cannot be solved by one sector or one agency of government alone. Solutions to wicked problems often further require the recognition and acceptance of tradeoffs or drawbacks, which might include a cost or sacrifice for the whole of society or a subsection of society. Based on the premise that government of, by, and for the people is not sufficient to rise to and meet wicked public policy problems, this volume provides strategies and ideas for public administration educators across diverse environments, as well as undergraduate and graduate education, to include and integrate the principles o...
Local governments do not stand alone—they find themselves in new relationships not only with state and federal government, but often with a widening spectrum of other public and private organizations as well. The result of this re-forming of local governments calls for new collaborations and managerial responses that occur in addition to governmental and bureaucratic processes-as-usual, bringing locally generated strategies or what the authors call "jurisdiction-based management" into play. Based on an extensive study of 237 cities within five states, Collaborative Public Management provides an in-depth look at how city officials work with other governments and organizations to develop the...
Exploring how cross-sector collaboration can solve seemingly intractable societal problems Many people tend to think of the public, non-profit and private sectors as being distinctive components of the economy and broader society—each with its own missions and problems to address. This book describes how the three sectors can work together toward common purposes, accomplishing much more than if they work alone. With the nation reeling from multiple challenges, more than ever the United States needs these sectors to collaborate to address what might seem to be intractable problems. Cross-sector collaborations and partnerships are more crucial than in the past as the country tries to recover...
Although one often thinks of collaborative management and related group problem-solving as different interests coming together in "peaceful harmony," nothing could be further from reality. Collaboration in real-world action requires steering and negotiation in virtually every situation, with a considerable process that precedes agreement. This progression is, in effect, a "mini" political and managerial process we have come to know as collaborative politics and its management. This volume explores the process and operations of collaboration and collaborative politics, from routine transactions—or "small p" politics—to the significant issue forces, or "big P" politics. Collaboration is de...
New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand - or curtail - access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system - and provides grounded advice for a sensible path forward.
'Currently, public administration as art and science ponders a challenging and uncertain future. Thus, no better time exists to take stock and ponder the practical and theoretical value of its topical coverage to date. Stazyk and Frederickson have assembled an eclectic and impressive group of senior and junior scholars to join them in this intellectual exercise. Collectively, the contributors offer a stiletto-like dissection of where and how the field's energy has been expended, what knowledge it has produced, what its limitations are, and where future energies might best be expended. Kudos to all.' - Robert F. Durant, American University, US This forward-thinking Handbook draws on the exper...
As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.