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In the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and “resolved” in formal legal settings and with an adversarial spirit, more conciliatory approaches – negotiation, mediation, problem-solving, and arbitration – are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes. The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet’suwet’en, Tsuu T’ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres Strait Islanders. With contributions from Aboriginal and non-Aboriginal theorists and practitioners, Intercultural Dispute Resolution in Aboriginal Contexts presents an array of insightful perspectives. This book will appeal to students and scholars of Aboriginal law and alternative dispute resolution; legal and political theorists; dispute resolution practitioners; and anyone involved in struggles around land claims, treaty, and self-government agreements in Canada or abroad.
This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.
Achieving socio-political cohesion in a community with significant ethnic, cultural, and religious diversity is a difficult challenge in contemporary liberal democracies. In the quest for neutrality, public policies and institutions shaped by the needs of the majority can inadvertently marginalize minority interests. Minority groups must therefore translate their desire for cultural recognition into terms that, ironically, often minimize cultural difference. Intercultural Deliberation and the Politics of Minority Rights examines the relationship between this minority rights paradox and cultural difference, building a compelling case for an inclusive approach to navigating minority rights claims. R.E. Lowe-Walker’s intercultural deliberation is designed to mitigate the injustices imposed by majority norms. Instead of asking what the liberal state can tolerate, she asks how our understanding of difference affects our interpretation of minority claims, shifting the focus from how to limit difference toward inclusive deliberations. This important work thus serves as a measure of social justice and a vehicle for social change.
Offering unique coverage of an emerging, interdisciplinary area, this comprehensive handbook examines the theoretical underpinnings and emergent conceptions of intercultural mediation in related fields of study. Authored by global experts in fields from intercultural communication and conflict resolution to translation studies, literature, political science, and foreign language teaching, chapters trace the history, development, and present state of approaches to intercultural mediation. The sections in this volume show how the concept of intercultural mediation has been constructed among different fields and shaped by its specific applications in an open cycle of influence. The book parses different philosophical conceptions as well as pragmatic approaches, providing ample grounding in the key perspectives on this growing field of discourse. The Routledge Handbook of Intercultural Mediation is a valuable reference for graduate and postgraduate students studying mediation, conflict resolution, intercultural communication, translation, and psychology, as well as for practitioners and researchers in those fields and beyond.
Across sociology and cultural studies in particular, the concept of authenticity has begun to occupy a central role, yet in spite of its popularity as an ideal and philosophical value authenticity notably suffers from a certain vagueness, with work in this area tending to borrow ideas from outside of sociology, whilst failing to present empirical studies which centre on the concept itself. Authenticity in Culture, Self, and Society addresses the problems surrounding this concept, offering a sociological analysis of it for the first time in order to provide readers in the social and cultural sciences with a clear conceptualization of authenticity and with a survey of original empirical studies focused on its experience, negotiation, and social relevance at the levels of self, culture and specific social settings.
As communication and leadership skills are both essential for personal and organizational success, new approaches and management styles are continuously being sought. Emerging technologies, automation opportunities, and a diverse workforce are just a few of the challenges business professionals must be prepared for in today’s workplace environment. The Handbook of Research on Strategic Communication, Leadership, and Conflict Management in Modern Organizations provides emerging research exploring the theoretical and practical aspects of managing and solving conflicts, and introduces updated approaches for refining communication and leadership skills. Featuring coverage on a broad range of topics such as emotional intelligence, organizational crises, and virtual team management, this book is ideally designed for professionals, leaders, managers, and human resource specialists seeking current research on developing the skills and consciousness needed to effectively communicate, negotiate, and collaborate in diverse organizations.
Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.
Gender and Justice in Multicultural Liberal States explores the challenges that culturally plural liberal states face when they hold competing political commitments to cultural rights and sexual equality, and advances an argument for resolving such dilemmas through democratic dialogue and negotiation. Exploring recent examples of gendered cultural conflicts in South Africa, Canada, and Britain, this book shows that there is an urgent need for workable strategies to mediate the antagonisms between the cultural practices and arrangements of certain ethno-cultural and religious groups and the norms and constitutional rights endorsed by liberal states. Yet such strategies will be successful only insofar as they can resolve conflicts without either reinforcing women's subordination within cultural communities or unjustly dismissing calls for cultural recognition and forms of self-governance. To this end, the book develops an approach to mediating cultural tensions that takes seriously the demands of justice by cultural and religious minorities in liberal democratic states. Grounded in an argument for democratic legitimacy, this approach invokes norms of political inclusion and democratic dialogue, and highlights negotiation and compromise as the best vehicles for arriving at resolutions to conflicts of cultural value. However, it also reconceives the basis of democratic legitimacy so as to include not merely formal expressions of political consent, but also a range of non-formal democratic activity that occur in the private and social spheres, from acts of cultural reinvention and subversion to outright expressions of dissent and cultural refusal.
This Brief introduces how alternative dispute resolution offers an alternative to formal court-based systems for tackling intellectual property disputes that may arise in relation to traditional knowledge, traditional cultural expressions and genetic resources.
Conflict, Culture and Communication provides a coherent, research-informed overview of conflict and intercultural communication. Aimed at encouraging and enabling conflict prevention, this book contributes to a better understanding of the factors that create, foster and exacerbate conflict in intercultural interaction and discusses how conflict can be handled, managed and resolved once it has manifested. Furthermore, this book: Critically assesses the repercussions of prevalent conflict management approaches, providing insights into best practices and sustainable conflict resolution outcomes. Combines insights from multiple disciplines and cultures, including Asia, Europe, Oceania, and North and South America, in order to arrive at a holistic and balanced understanding of the complexities inherent in negotiating conflict across cultural contexts. Avoids cultural stereotyping by discussing both between-culture variation and within-culture variation. Conflict, Culture and Communication is essential reading for students and researchers of applied linguistics, communication studies and international business, as well as anyone interested in learning more about this growing area.