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Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Offices in Brussels representing the interests of regional actors in the EU have carved out a niche position within Europe's expanding multi-level political system. They are now the most visible indicators of the growing role played by EU regions. How can we understand their contribution to EU governance? What do they deliver to Europe's regions?
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In recent years the mediation movement has seen tremendous growth with significant advances being made in both research and practice. Despite these advances, reseachers and practitioners have remained relatively isolated from one another. Bridging the gap, COMMUNITY MEDIATION is dedicated to the mutual education of both researchers and mediators. It makes the findings of research accessible to practitioners and the issues of concern to practice available to researchers. Thus, this handbook affords researchers an excellent opportunity to learn more about actual techniques and enables practitioners to benefit from the latest research in the field.
An examination of the ways human movement can be represented as a formal language and how this language can be mediated technologically. In Motion and Representation, Nicolás Salazar Sutil considers the representation of human motion through languages of movement and technological mediation. He argues that technology transforms the representation of movement and that representation in turn transforms the way we move and what we understand to be movement. Humans communicate through movement, physically and mentally. To record and capture integrated movement (both bodily and mental), by means of formal language and technological media, produces a material record and cultural expression of our evolving kinetic minds and identities. Salazar Sutil considers three forms of movement inscription: a written record (notation), a visual record (animation), and a computational record (motion capture). He focuses on what he calls kinetic formalism—formalized movement in such pursuits as dance, sports, live animation, and kinetic art, as well as abstract definitions of movement in mathematics and computer science. He explores the representation of kinetic space and spatiotemporality; the representation of mental plans of movement; movement notation, including stave notation (Labanotation) and such contemporary forms of notation as Choreographic Language Agent; and the impact of digital technology on contemporary representations of movement—in particular motion capture technology and Internet transfer protocols. Motion and Representation offers a unique cultural theory of movement and of the ever-changing ways of representing movement.
This book focuses on the processes and practices that contemporary protesters use when acting with (and through) media. It covers both online and off-line contexts, as well as mainstream and alternative media. It bridges the gap between social-movement theory and media and communication studies. It is an important text for students and scholars of media and social change at both a local and transnational level. Over the past year, international and national media have been full of stories about protest movements and tumultuous social upheaval from Tunisia to California. But scholars have not yet fully addressed the connection between these movements and the media and communication channels through which their messages spread. Correcting that imbalance, "Mediation and Protest Movements" explores the nature of the relationship between protest movements, media representation, and communication strategies and tactics. This approach privileges the processes and practices of interacting with and through media and thus analyses the media and communications strategies and tactics of contemporary protest movements in both online and offline contexts. It also considers media environment(s) in their complexity: from mainstream to alternative media, from traditional to new media outlets. By addressing the transnational level of contention it appeals to a wide international audience interested in how protest movements at a local as well as a transnational level engage in mediation processes and develop media practices across the globe.
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers’ part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers’ interactions with mediation and by examining historical and current trends in lawyers’ dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers’ resistance to mediation; lawyers’ motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.