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How Parties Experience Mediation
This book presents an unprecedented qualitative research study on relational changes in mediation with a truly interdisciplinary outset, drawing on the literature on psychology, alternative dispute resolution and business. Mediation's potential to induce changes in parties' relationships as an advantage of the process is commonly mentioned in the literature. However, despite its being a key to reconciliation, relational changes in mediation has not yet been a topic of foundational and fine-grained qualitative enquiry. As the first study in the literature, this research uses in-depth interviews with mediation parties and the qualitative methodology of interpretative phenomenological analysis ...
IUU Fishing as a Flag State Accountability Paradigm
Illegal, unreported and unregulated (IUU) fishing is a widely used designation for a broad range of fishing practices with a common theme: whether illegal or not, they cause damage to marine fish stocks and the human communities that depend on them. Yet, when subjected to thorough analysis, this pragmatic governance tool is revealed in a light that calls for caution against uncritical application. Unwrapping its uneasy relationship with international law, this study is ultimately a qualified defence of the IUU fishing paradigm, but also a practical proposal for its reform. This original book makes a genuine contribution to the international fisheries law and policy literature.
Grandparents and the Law
Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and N...
Dispute System Design
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.
Practising Insight Mediation
A practical companion to the much-acclaimed Transforming Conflict through Insight, Practising Insight Mediation is a book about how insight mediators do their work and why they do it that way. In the book, Cheryl A. Picard, co-founder of insight mediation, explains how the theory of cognition presented in Bernard Lonergan's Insight can be used as the basis for a learning-centred approach to conflict resolution in which the parties involved improve their self-understandings and discover new and less threating patterns of interaction with each other through efforts to better their conflict relations. Practising Insight Mediation features a wide range of valuable resources for any conflict practitioner, including in-depth descriptions of insight communication skills and strategies, a transcribed example mediation, sample documents, and a mediator's self-assessment tool. The essential handbook for those interested in learning about and applying this fast-growing conflict resolution and mediation approach, the book also includes discussions of the latest research into the application of the insight approach to areas including policing, spirituality, and genocide prevention.
Perceptions in Litigation and Mediation
Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.
Advancing Workplace Mediation Through Integration of Theory and Practice
This book compares the unique features of workplace mediation to other contexts of mediation, as well as the specific competences each situation requires of the mediator. It covers many important issues related to workplace mediation and discusses interventions by managers, such as conflict coaching and informal mediation. It proposes a new model to assess the effectiveness of mediation, and discusses the impact of legal systems, HRM policies, as well as power structures, and cultural differences. The book takes into account perspectives from multiple disciplines, such as management, business, psychology, law and sociology. It also discusses mediation aspects from a variety of cultural and regional contexts. The book advances knowledge about the application, process and effects of workplace mediation and includes practical tips for scholars, practitioners, mediators and managers to enhance their mediation practice or to foster constructive conflict management in organizations.
Criminal Law Reform Now
Includes papers from "a three-day conference at the University of Sussex in September 2016 ... entitled Criminal Law Reform Now" -- page 1x.
Hunting Smiley
IN FEBRUARY'S ISSUE: What's Natalie Wood got to do with it? Breaking news, case updates, photographs, and new evidence in the ongoing investigation of the 'Smiley Face' serial killings - [8" x 10" illustrated paperback periodical - premier issue]
