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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.
This book examines how new empirical approaches to mediation can shed fresh light on the effectiveness of different patterns of conflict management, and offers guidelines on the process of international mediation. International conflict mediation has become one of, if not the most prominent and important conflict resolution methods of the early 21st century. This book argues that traditional approaches to mediation have been inadequate, and that in order to really understand how the process of international mediation works, studies need to operate within an explicit theoretical framework, adopt systematic empirical approaches and use a diversity of methods to identify critical interactions, contexts and relationships. This volume captures recent important changes in the field of international conflict mediation, and includes essays by leading scholars on a variety of critical aspects of conflict management, using state of the art analytical tools and up to date data. This book will of great interest to scholars of peace and conflict studies, methods in social science, and of International Relations in general.
Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).
The emergence of relationship management as a paradigm for public relations scholarship and practice necessitates an examination of precisely what public relations achieves -- its definition, function and value, and the benefits it generates. Promoting the view that public relations provides value to organizations, publics, and societies through relationships, Public Relations as Relationship Management takes a in-depth look at organization-public relationships and explores the strategies that can be employed to cultivate and maintain them. Expanding on the work published in the first edition, this thoroughly up-to-date volume covers such specialized areas of public relations as non-profit organizations, shareholder relations, lobbying, employee relations, and risk management. It expands the reader’s ability to understand, conceptualize, theorize, and measure public relations through the presentation of state-of-the-art research and examples of the use of the relationship paradigm. Developed for scholars, researchers, and advanced students in public relations, Public Relations as Relationship Management provides a contemporary perspective on the role of relationships in public relations, and encourages further research and study.
"Contemporary Myanmar faces immense political challenges, and the role outsiders might play in dealing with them is highly contentious. Drawing on views expressed by local citizens, Burma redux argues for committed strategies of grassroots involvement that engage international aid agencies, global corporations and foreign states. The wide-ranging discussion positions Myanmar's history, contemporary politics and social circumstances within broader discussions of global justice, democratic transitions, the aid business, corporate social responsibility and international sanctions."--Publisher's description.
Kuk Cho and his colleagues are to be heartily commended for masterfully advancing understanding of Korea s legal system through Litigation in Korea. In this impressive volume, Professor Cho and ten talented scholars from leading Korean universities explore the full spectrum of major forms of litigation in Korea, including civil, criminal, constitutional, administrative, and patent litigation. Foreign readers will be pleased to know that while the papers are well grounded doctrinally, several also deftly explore issues of law and society. Anyone interested in litigation in Korea will be very grateful for this fine volume. William Alford, Harvard Law School, US This is a path-breaking volume. Covering a wide range of topics in both public and private law litigation in Korea, the authors utilize both black letter and more theoretical approaches to provide a comprehensive overview of the law. The book will be required reading for anyone wanting to understand the Korean legal system today. Tom Ginsburg, Chicago Law School, US This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions. Throughout Korea s democratization process, litigation has played a crucial role as an instrument to solve most of the challenging civic and social conflicts which in turn have ramifications in the nation s political, constitutional, societal and cultural domains. The expert contributors explore civil procedure, criminal procedure, constitutional adjudication, administrative litigation, and patent litigation in the Republic of Korea. As the first publication in the English language to provide a comprehensive picture of litigation in Korea, this book will appeal to scholars and post-graduate students in Asian studies, as well as lawyers dealing with Korea-related cases.
The context of mediation immediately highlights the importance of argumentation as a means to reasonably handle conflict. Argumentation in dispute mediation tackles this topic providing both theoretical insights and detailed empirical argumentative analysis. Its goal is twofold: to explore mediation as a real-life context of argumentation and to show how an increased argumentative awareness could improve conflict resolution. Particular emphasis is accorded to mapping mediation through an interdisciplinary reasoned review of existing accounts. The outline of a conceptual framework of mediation constitutes a solid basis for the study of argumentation in mediation. The argumentative analysis of a corpus of mediation cases, based on the pragma-dialectical account and the Argumentum Model of Topics, shows the mediator’s moves which actually help conflicting parties discuss reasonably. The mediator’s topical potential plays a crucial role in this relation at the levels of issue selection, evoking of cultural-contextual premises and choice of argument schemes.
Total quality management (TQM), reengineering, the workplace of the twenty-first centuryâ€"the 1990s have brought a sense of urgency to organizations to change or face stagnation and decline, according to Enhancing Organizational Performance. Organizations are adopting popular management techniques, some scientific, some faddish, often without introducing them properly or adequately measuring the outcome. Enhancing Organizational Performance reviews the most popular current approaches to organizational changeâ€"total quality management, reengineering, and downsizingâ€"in terms of how they affect organizations and people, how performance improvements can be measured, and what questions remain to be answered by researchers. The committee explores how theory, doctrine, accepted wisdom, and personal experience have all served as sources for organization design. Alternative organization structures such as teams, specialist networks, associations, and virtual organizations are examined. Enhancing Organizational Performance looks at the influence of the organization's norms, values, and beliefsâ€"its cultureâ€"on people and their performance, identifying cultural "levers" available to organization leaders. And what is leadership? The committee sorts through a wealth of research to identify behaviors and skills related to leadership effectiveness. The volume examines techniques for developing these skills and suggests new competencies that will become required with globalization and other trends. Mergers, networks, alliances, coalitionsâ€"organizations are increasingly turning to new intra- and inter-organizational structures. Enhancing Organizational Performance discusses how organizations cooperate to maximize outcomes. The committee explores the changing missions of the U.S. Army as a case study that has relevance to any organization. Noting that a musical greeting card contains more computing power than existed in the entire world before 1950, the committee addresses the impact of new technologies on performance. With examples, insights, and practical criteria, Enhancing Organizational Performance clarifies the nature of organizations and the prospects for performance improvement. This book will be important to corporate leaders, executives, and managers; faculty and students in organizational performance and the social sciences; business journalists; researchers; and interested individuals.
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
Under pressure from the World Bank, the International Monetary Funds and the World Trade Organization governments of both industrialized and less developed nations have undertaken extensive reforms and reorganization to streamline their public sectors. This volume, with chapters written by authorities from around the world, provides information on administrative reform in varied nations. Following an introduction, which sets a theoretical framework, the book contains sections devoted to Asia, the Near/Middle East, Africa, and a comparison of East/South Europe and Asia. Administrative reform has become a widespread challenge to national and sub-national governments around the globe. Under pressure from the World Bank, the International Monetary Funds and the World Trade Organization governments of both industrialized and less developed nations have undertaken extensive reforms and reorganization to streamline their public sectors. This volume, with chapters written by authorities from around the world, provides information on administrative reform in varied nations. Developing nations face acute problems on a daily basis, making administrative reform an essential function of public administration. With chapters devoted to experiences in such nations as Korea, India, Iran, Turkey, the Arab States, Nigeria, and South Africa, this volume sheds valuable light on administrative reform in developing countries and provides lessons for future policy actions.