Alternative Dispute Resolution in a Contemporary South African Context
Author: A. Tim Trollip
Publisher: Butterworth-Heinemann
Published: 1991
Total Pages: 128
ISBN-13:
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Labour Dispute Resolution
Author: John Brand
Publisher: Juta and Company Ltd
Published: 2008
Total Pages: 332
ISBN-13: 9780702179556
DOWNLOAD EBOOKThis second edition contains a new section on dispute resolution in the public sector.
A History of Alternative Dispute Resolution
Author: Jerome T. Barrett
Publisher: John Wiley & Sons
Published: 2004-10-19
Total Pages: 330
ISBN-13: 0787975427
DOWNLOAD EBOOKA History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
A Theory of Mediators' Ethics
Author: Omer Shapira
Publisher: Cambridge University Press
Published: 2016-03-14
Total Pages: 499
ISBN-13: 1107143047
DOWNLOAD EBOOKOmer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Culture in the Domains of Law
Author: René Provost
Publisher: Cambridge University Press
Published: 2017-02-02
Total Pages: 457
ISBN-13: 1107163331
DOWNLOAD EBOOKThis book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
New Developments in Civil and Commercial Mediation
Author: Carlos Esplugues
Publisher: Springer
Published: 2015-09-11
Total Pages: 785
ISBN-13: 3319181351
DOWNLOAD EBOOKBy means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.
Conflict and Peace Research
Author: Human Sciences Research Council
Publisher:
Published: 1996
Total Pages: 130
ISBN-13:
DOWNLOAD EBOOKThis report resulted from a national workshop held September 5-6, 1995, near Johannesburg, South Africa. The theme of the workshop, "Reflections on Conflict and Peace," was chosen to echo the nature and purpose of the workshop. The major papers presented include: (1) "Conflict and Peace Research Methodology" (Louise Nieuwmeijer); (2) "Research Capacity Building among Practitioners" (Jannie Malan); (3) "Forging a New Bureaucracy: Guidelines for Research on Conflict Resolution" (Fanie Cloete); (4) "African Methods of Resolving Disputes" (Jannie Malan); (5) "Mediation of Family Conflict" (Hugo van der Merwe); (6) "Resolving Conflict in Communities in South Africa" (Gavin Bradshaw); (7) "Violence and Conflict" (Jabulani Mabasu); (8) "A New Approach to National and Regional Security" (Laurie Nathan); (9) "Security and Peace" (Mark Shaw); (10) "The South African Police Service in Transition: Attitudes, Perceptions, and Values of Police Personnel in an Eastern Cape Community" (Rob Midgley; Geoff Wood); (11) "Conflict in Education" (Rejoice Ncgongo); (12) "Conflict and Empowerment of the Youth" (Johan Olivier); (13) "Development and Conflict" (Theledi Sebulela); (14) "Labour Conflict" (Renee du Toit); (15) "Conflict, Co-operation, and Change in South Africa" (Peter Cunningham); and (16) "Conclusion: The Realities and Challenges of Conflict and Peace Research" (Louise Nieuwmeijer; Anita Burger). (EH)
International Commercial Mediation
Author: Ronán Feehily
Publisher: Cambridge University Press
Published: 2022-09-08
Total Pages: 369
ISBN-13: 1108877486
DOWNLOAD EBOOKIn this comprehensive comparative study, Ronán Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and 'mixed' jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.
Informal Justice
Author: Roger Matthews
Publisher: SAGE Publications Limited
Published: 1988-12
Total Pages: 228
ISBN-13:
DOWNLOAD EBOOKInformal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.
Multijuralism
Author: Albert Breton
Publisher: Routledge
Published: 2017-11-28
Total Pages: 205
ISBN-13: 1351152866
DOWNLOAD EBOOKAt one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.
