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Find the roadmap to the heart of the conflict The Conflict Paradox is a guide to taking conflict to a more productive place. Written by one of the founders of the professional conflict management field and co-published with the American Bar Association, this book outlines seven major dilemmas that conflict practitioners face every day. Readers will find expert guidance toward getting to the heart of the conflict and will be challenged to adopt a new way to think about the choices disputants face,. They will also be offered practical tools and techniques for more successful intervention. Using stories, experiences, and reflective exercises to bring these concepts to life, the author provides actionable advice for overcoming roadblocks to effective conflict work. Disputants and interveners alike are often stymied by what appear to be unacceptable alternatives,. The Conflict Paradox offers a new way of understanding and working with these so that they become not obstacles but opportunities for helping people move through conflict successfully.. Examine the contradictions at the center of almost all conflicts Learn how to bring competition and cooperation, avoidance and engagement, optimism and realism together to make for more power conflict intervention Deal effectively with the tensions between emotions, and logic, principles and compromise, neutrality and advocacy, community and autonomy Discover the tools and techniques that make conflicts less of a hurdle to overcome and more of an opportunity to pursue Conflict is everywhere, and conflict intervention skills are valuable far beyond the professional and legal realms. With insight and creativity, solutions are almost always possible. For conflict interveners and disputants looking for an effective and creative approach to understanding and working with conflict , The Conflict Paradox provides a powerful and important roadmap for conflict intervention.
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons. This volume therefore draws the attention of everyone dealing with conflict management to those advantages. It does not end by providing a summary of conclusions to be drawn from the examination of the rules governing the OSCE Court and the practice of the other institutions considered. The reader will have to find out her/himself what experiences have been made in other fields where conciliation has been institutionalized as a dispute-settlement procedure. In this regard, the present book constitutes a treasury of lessons that cannot easily be brought down to a common denominator.
"In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed"--
Sometimes it's necessary to push beyond the usual limits of themediation process to achieve deeper and more lasting change.Mediating Dangerously shows how to reach beyond technical andtraditional intervention to the outer edges and dark places ofdispute resolution, where risk taking is essential and fundamentalchange is the desired result. It means opening wounds and lookingbeneath the surface, challenging comfortable assumptions, andexploring dangerous issues such as dishonesty, denial, apathy,domestic violence, grief, war, and slavery in order to reach adeeper level of transformational change. Mediating Dangerously shows conflict resolution professionals howto advance beyond the traditional steps, procedures, and techniquesof mediation to unveil its invisible heart and soul and to revealthe subtle and sensitive engine that drives the process of personaland organizational transformation. This book is a major newcontribution to the literature of conflict resolution that willinspire and educate professionals in the field for years to come.
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
Jesus said, "Blessed are the peacemakers." But it often seems like conflict and disagreement are unavoidable. Serious, divisive conflict is everywhere-within families, in the church, and out in the world. And it can seem impossible to overcome its negative force in our lives. In The Peacemaker, Ken Sande presents a comprehensive and practical theology for conflict resolution designed to bring about not only a cease-fire but also unity and harmony. Sande takes readers beyond resolving conflicts to true, life-changing reconciliation with family members, coworkers, and fellow believers. Biblically based, The Peacemaker is full of godly wisdom and useful suggestions that are easily applied to any relationship needing reconciliation. Sande's years of experience as an attorney and as president of Peacemaker Ministries will strengthen readers' confidence as they stand in the gap as peacemakers.
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.