Dispute Processes: Adr and the Primary Forms of Decision-Making

ISBN-13: 9781107070547 / Angielski / Twarda / 2020 / 428 str.

Michael Palmer; Simon Roberts

Opis

This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

Recenzje

'This 3rd Edition of Dispute Processes: ADR and the Primary Forms of Decision-Making is a valuable resource for all those interested in the nature of disputes, the processes by which to resolve them and their place in society. It draws on a rich body of theory in exploring the many complex issues that arise in resolving disputes and their processes. Its approach is multidisciplinary, for example offering sociological, anthropological, historical and comparative perspectives, which sets it apart from a usual approach to the examination of alternative dispute resolution processes, and as such, offers diverse and intellectually stimulating discussion of issues relevant to the on-going debates about informal and formal justice. The additions made to this 3rd edition are very welcome. The new chapters on Arbitration, the Ombuds process, on-line dispute resolution and the ever-continuing dialogue about the institutionalisation of ADR are a necessary and pertinent addition to the already rich material provided by this book. Additionally, for students of ADR, the roleplays and further reading list enhance this edition's content further. This book is most definitely required reading for all dispute resolution scholars and students alike!' Debbie De Girolamo, School of Law, Queen Mary University of London

Spis treści

Preface; Acknowledgements; 1. Introduction; 2. Cultures of decision-making: precursors to the emergence of ADR; 3. The debates around civil justice and the movement towards procedural innovation; 4. Disputes and dispute processes; 5. Development of disputes, avoidance and self help; 6. Negotiations; 7. Mediation; 8. Umpiring: courts and tribunals; 9. Umpiring: arbitration; 10. Hybrid forms and processual experimentation; 11. The ombuds and its diffusion: from public to private; 12. ODR and its diffusion: from private to public; 13. Institutionalization of ADR; 14. Reflections; Appendix A. Some role plays; Bibliography; Further reading; Index.