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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presentin...
Until now, the resoluton of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But international mediation and conciliation are now coming to the fore. This book brings together a line-up of highly-qualified experts to address this topical, complex subject from a variety of angles.
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) ...
This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.
This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow studen...
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism work...
The 2nd edition of this book provides an accessible, coherent and critical treatment of dispute resolution in Australia, and been restructured to take account of the considerable changes in alternative dispute resolution (ADR). Throughout the book, dispute resolution methods are considered in a theoretical, critical and evaluative light. A range of ADR processes across a spectrum of applications is considered, with special attention given to commercial, family, discrimination and international disputes. Insights drawn from domestic and international contexts are combined in a unique way throughout the book. While having a predominantly Australian focus, appropriate comparisons from other jurisdictions are frequently made. The book locates debates surrounding ADR in the context of the politics of gender and other aspects of identity, while examining the influences of other contemporary legal theories on ADR. It considers ADR in both its social and political contexts. This book will be useful to scholars of ADR, as well as lawyers, policy-makers, practitioners and students of dispute resolution.