The art of negotiation—from one of the country’s most eminent practitioners and the Chair of the Harvard Law School’s Program on Negotiation. One of the country’s most eminent practitioners of the art and science of negotiation offers practical advice for the most challenging conflicts—when you are facing an adversary you don’t trust, who may harm you, or who you may even feel is evil. This lively, informative, emotionally compelling book identifies the tools one needs to make wise decisions about life’s most challenging conflicts.
"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
Violent conflicts today are complex and increasingly protracted, involving more nonstate groups and regional and international actors. It is estimated that by 2030—the horizon set by the international community for achieving the Sustainable Development Goals—more than half of the world’s poor will be living in countries affected by high levels of violence. Information and communication technology, population movements, and climate change are also creating shared risks that must be managed at both national and international levels. Pathways for Peace is a joint United Nations†“World Bank Group study that originates from the conviction that the international community’s attention must urgently be refocused on prevention. A scaled-up system for preventive action would save between US$5 billion and US$70 billion per year, which could be reinvested in reducing poverty and improving the well-being of populations. The study aims to improve the way in which domestic development processes interact with security, diplomacy, mediation, and other efforts to prevent conflicts from becoming violent. It stresses the importance of grievances related to exclusion—from access to power, natural resources, security and justice, for example—that are at the root of many violent conflicts today. Based on a review of cases in which prevention has been successful, the study makes recommendations for countries facing emerging risks of violent conflict as well as for the international community. Development policies and programs must be a core part of preventive efforts; when risks are high or building up, inclusive solutions through dialogue, adapted macroeconomic policies, institutional reform, and redistributive policies are required. Inclusion is key, and preventive action needs to adopt a more people-centered approach that includes mainstreaming citizen engagement. Enhancing the participation of women and youth in decision making is fundamental to sustaining peace, as well as long-term policies to address the aspirations of women and young people.
International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions.
Conflict in the workplace is a perennial problem for organizations. Whether it's a disagreement between colleagues, a dispute with management or large-scale industrial action, conflict negatively affects both people and profits as employee morale and productivity fall. Endorsed by the CIPD, Managing Conflict is an essential guide for HR professionals needing to tackle these problems by not only resolving current issues, but also preventing future instances of conflict. Going beyond interpersonal conflict, the book also looks at resolving board room disputes, disputes with shareholders, in the supply chain, commercial disputes and customer complaints. The first part of Managing Conflict covers the causes and costs of conflict, the impact of the psychological contract and the legal framework for managing workplace disputes both in the UK and internationally. The second part of the book provides a blueprint for redefining resolution and building a culture of constructive conflict management, from designing a conflict management strategy and developing a formal resolution process to embedding mediation, engaging stakeholders and training managers in resolution and mediation skills. This book also includes conflict resolution toolkits for managers, HR teams, employees and unions to help tackle conflict and bullying at work. Packed with best practice case studies from major UK and global organizations, this is an indispensable guide for all HR professionals looking to resolve conflict in the workplace. Online supporting resources include a conflict health check tool, conflict cost calculator, and checklist for developing an internal mediation scheme.
This book examines the problems of boundary demarcation and its impact on territorial disputes, and offers techniques to manage and resolve the resulting conflicts. Historically, most civil conflicts and internal wars have been directly related to boundary or territorial disputes. Cross-border discord directly affects the sustenance and welfare of local populations, often resulting in disease, impoverishment, and environmental damage as well as creating refugees. Although the impact of territorial disputes is great, they can often be settled through bilateral, and sometimes multilateral, agreements or international arbitration. This book sets out to probe into the problems of existing techniques on boundary demarcation and to test their possible impacts on boundary and territorial disputes. Various factors and their influences on cross-border tensions are tested, either qualitatively or quantitatively. After close examination of dozens of the most significant cases, the book presents various alternative solutions to the achievement of cross-border cooperation in disputed territories. An ‘art of avoiding war’ is included within the book, comprising six key schemes and five negotiating techniques. The comparative advantages, costs and benefits of each of these is analyzed and evaluated. This book will help guide practitioners in territorial disputes and will be of interest to students of conflict management, international security, peace and conflict studies, political violence and IR in general.