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Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
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.
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 has been replaced by Introduction to Mediation, Moderation, and Conditional Process Analysis, Third Edition, ISBN 978-1-4625-4903-0.
MEDIATION: SKILLS AND STRATEGIES focusses on the practical operation of the mediation process, with particular reference to the skills and techniques which can be used by mediators in their formal and informal roles as helper, facilitators, and supporters of decision making. Recognising that mediation is not only an 'art' but also a process that can be "understood, analysed, learned, practiced and improved", the authors have developed this work to assist practitioners and students of mediation to develop the problem solving, negotiation and decision making skills that are so critical for effective mediation. Adapted for New Zealand students and practitioners from the work Mediation Skills and Techniques by Boulle and Alexander, MEDIATION: SKILLS AND STRATEGIES complements the well regarded and comprehensive work Mediation: Principles, Process, Practice also by Boulle, Goldblatt and Green. It provides an invaluable addition to the library, learning and reference resources of current and aspiring mediators. Features: All mediator skills and techniques link to the New Zealand professional standards; Text is written in plain English; Focus is on the practical knowledge and skills; Illustrations and case studies are provided to explain important points; A range of documents and precedents are provided in the appendices
"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
As social stresses escalate and organizations experience more turbulence and uncertainty, conflict in the workplace is on the rise. This book presents a clear, step-by-step approach for developing and evaluating conflict management systems within any organization.
Though the progress of technology continually pushes life toward virtual existence, the last decade has witnessed a renewed focus on materiality. Design, Mediation, and the Posthuman bears witness to the attention paid byliterary theorists, digital humanists, rhetoricians, philosophers, and designers to the crafted environment, the manner in which artifacts mediate human relations, and the constitution of a world in which the boundary between humans and things has seemingly imploded. The chapters reflect on questions about the extent to which we ought to view humans and nonhuman artifacts as having equal capacity for agency and life, and the ways in which technological mediation challenges the central tenets of humanism and anthropocentrism. Contemporary theories of human-object relations presage the arrival of the posthuman, which is no longer a futuristic or science-fictional concept but rather one descriptive of the present, and indeed, the past. Discussions of the posthuman already have a long history in fields like literary theory, rhetoric, and philosophy, and as advances in design and technology result in increasingly engaging artifacts that mediate more and more aspects of everyday life, it becomes necessary to engage in a systematic, interdisciplinary, critical examination of the intersection of the domains of design, technological mediation, and the posthuman. Thus, this collection brings diverse disciplines together to foster a dialogue on significant technological issues pertinent to philosophy, rhetoric, aesthetics, and science.
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.