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.
A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.
No matter your profession (attorney, clinician, family therapist) or skill level (seasoned professional or novice), The Handbook of Family Dispute Resolution is an invaluable resource that outlines the most effective mediation approaches, techniques, and skills. The Handbook of Family Dispute Resolution is a practical and comprehensive guide that includes * A review of professional ethics and standards * Help for attorneys who are not trained in the skills needed for working with families * Information about cultural issues that affect families during mediation * Highlights of key legal and negotiation skills * Guidelines for understanding complex family dynamics and conflicts * A screening tool for evaluating domestic violence * A matrix for starting discussions of parenting plans based on children's needs * An examination of specialized practices for family mediation * Direction for assessing one's professional approach to family mediation
The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.
The Handbook of Conflict Resolution, Second Edition is written for both the seasoned professional and the student who wants to deepen their understanding of the processes involved in conflicts and their knowledge of how to manage them constructively. It provides the theoretical underpinnings that throw light on the fundamental social psychological processes involved in understanding and managing conflicts at all levels—interpersonal, intergroup, organizational, and international. The Handbook covers a broad range of topics including information on cooperation and competition, justice, trust development and repair, resolving intractable conflict, and working with culture and conflict. Comprehensive in scope, this new edition includes chapters that deal with language, emotion, gender, and personal implicit theories as they relate to conflict.
This handbook invites readers who are interested in mediation,negotiation and conflict resolution to share the perspectives ofexperts in the field. Contributors include scholars, mediators, trainers andnegotiators, all of whom are passionate about their work. Emphasises both internal and external factors as importantsources of influence when negotiating conflicts. Explores the cultural and institutional frameworks that haveshaped intervention processes. Considers what techniques might work when, how and why. Demonstrates the sophistication of contemporary studies ofmediation, negotiation and conflict resolution.
This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.
Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.
New ways of managing conflict are important features of work & employment in organizations. World's leading scholars examine range of innovative alternative dispute resolution practices, drawing on international research, scholarship, covering case studies of major exemplars & developments in different parts of global economy. Aust & NZ content.
′The SAGE Handbook of Conflict Resolution demonstrates the range of themes that constitute modern conflict resolution. It brings out its key issues, methods and dilemmas through original contributions by leading scholars in a dynamic and expanding field of inquiry. This handbook is exactly what it sets out to be: an indispensable tool for teaching, research and practice in conflict resolution′ - Peter Wallensteen, Professor of Peace and Conflict Research, Uppsala University and University of Notre Dame ′Bercovitch, Kremenyuk and Zartman are among the most important figures in the conflict resolution field. They have pieced together, with the help of more than 35 colleagues from numerous countries, a state-of-the-art review of the sources of international conflict, available methods of conflict management, and the most difficult challenges facing the individuals and organizations trying to guide us through these conflict-ridden times. The collection is brimming with penetrating insights, trenchant analyses, compelling cases, and disciplined speculation. They help us understand both the promise of as well as the obstacles to theory-building in the new field of conflict resolution′ - Lawrence Susskind, Professor and Director of the MIT - Harvard Public Disputes Program ′The last three sentences of this persuasive book: "We conclude this volume more than ever convinced that conflict resolution is not just possible or desirable in the current international environment. It is absolutely necessary. Resolving conflicts and making peace is no longer an option; it is an intellectual and practical skill that we must all posses." If you are part of that "we," intellectually or professionally, you will find this book a superb companion′ - Thomas C Schelling, Professor Emeritus, Harvard University and University of Maryland Conflict resolution is one of the fastest-growing academic fields in the world today. Although it is a relatively young discipline, having emerged as a specialized field in the 1950′s, it has rapidly grown into a self-contained, vibrant, interdisciplinary field. The SAGE Handbook of Conflict Resolution brings together all the conceptual, methodological and substantive elements of conflict resolution into one volume of over 35 specially commissioned chapters. The Handbook is designed to reflect where the field is today by drawing on the contributions of experts from different fields presenting, in a systematic way, the most recent research and practice. Jacob Bercovitch is Professor of International Relations, and Fellow of the Royal Society, at the University of Canterbury in Christchurch, New Zealand. Victor Kremenyuk is deputy director of the Institute for USA and Canada Studies, Russian Academy of Sciences, Moscow. He is also a research associate at IIASA. I. William Zartman is Jacob Blaustein Professor of Conflict Resolution and International Organization at the Nitze School of Advanced International Studies of Johns Hopkins University
