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A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Using step-by-step walkthroughs and case studies of typical ADR sessions--negotiation, mediation, arbitration--this book provides readers with a broad understanding of ADR, along with important background information, historical perspectives and "tricks of the trade" in this fast-growing field. It covers each ADR method, how it works, when and where it can be used, its advantages and disadvantages, and its relationship to litigation. Includes comparative/descriptive charts. Negotiation. Mediation. Mediation Law and Policy. Arbitration. Strategies for Settlement. Application of ADR to Specific Disputes. The Role of the Paralegal in ADR. For Paralegals.
Sponsored by the Conflict Resolution Education Network "Far and away the most comprehensive guide available.... Warterspresents a wide range of possible program structures and providesthe information that organizers and participants need to select thebestoption." --James B. Boskey (1942-1999), former editor and publisher, TheAlternative Newsletter, and former professor of law, Seton HallLaw School, New Jersey "Professionally written, logically organized, and delivered in apersonal style that is appealing to the reader.... A thoughtfulbalance of theory with pragmatic suggestions for developing andintegrating a mediation program on campus." --Roger Witherspoon, vice president, Student Development, John JayCollege of Criminal Justice "Warters not only conveys the need for mediation on campus, butthe importance of relating mediation to existing mechanisms such asstudent judicial affairs and other grievance processes." --Gene Zdziarski, developer of Student Conflict Resolution Servicesand associate director of Student Life, Texas A&M University,and former board member of the Association for Student JudicialAffairs Learn how to design, implement, manage, and evaluate mediationand conflict resolution programs on all types of campuses. WilliamC. Warters--a widely-known authority on dispute resolution inhigher education--offers administrators, faculty, student servicesprofessionals, and student groups step-by-step advice on mediationprogram development. He draws on case examples and ideas fromcampuses across the country to illustrate strategies for developingcreative and effective responses to conflict. Readers will find aten-step guide for creating new programs, plus advice on stafftraining, program promotion, results evaluation, and more. Sampleforms, policy language, promotional materials, mission statements,assessment questions, and a case management script are among themany resources provided in this guide.
Make workplace conflict resolution a game that EVERYBODY wins! Recent studies show that typical managers devote more than a quarter of their time to resolving coworker disputes. The Big Book of Conflict-Resolution Games offers a wealth of activities and exercises for groups of any size that let you manage your business (instead of managing personalities). Part of the acclaimed, bestselling Big Books series, this guide offers step-by-step directions and customizable tools that empower you to heal rifts arising from ineffective communication, cultural/personality clashes, and other specific problem areas—before they affect your organization's bottom line. Let The Big Book of Conflict-Resolution Games help you to: Build trust Foster morale Improve processes Overcome diversity issues And more Dozens of physical and verbal activities help create a safe environment for teams to explore several common forms of conflict—and their resolution. Inexpensive, easy-to-implement, and proved effective at Fortune 500 corporations and mom-and-pop businesses alike, the exercises in The Big Book of Conflict-Resolution Games delivers everything you need to make your workplace more efficient, effective, and engaged.
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.