Advanced Introduction to Alternative Dispute Resolution

Name: Advanced Introduction to Alternative Dispute Resolution
Brand: Edward Elgar Publishing
SKU: 9781035328796
Price: 207.43 HKD
Availability: PreOrder
Author: Carrie Menkel-Meadow
ISBN: 9781035328796

By Carrie Menkel-Meadow

Coming Soon Edward Elgar Publishing Available July 2026

Specifications

ISBN-13: 9781035328796
Publisher: Edward Elgar Publishing
Publication: July 2026
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

This Advanced Introduction provides a succinct overview of the modern forms of Alternative Dispute Resolution (ADR). Examining the variety of disputes in contemporary society, Carrie Menkel-Meadow argues that a fluid and adaptable resolution framework is necessary in order to fulfil the core principles of ADR: cheaper, faster and better solutions to legal disputes.

Key Features:

Reviews the latest issues in multi-party, multi-issue international disputes
Outlines adjudication, arbitration, mediation, negotiation and various hybridized processes
Analyses critiques of alternative forms of dispute resolution as well as jurisprudential theories
Explores innovations in online dispute resolution, including the challenges and opportunities which arise from the use of artificial intelligence
Illustrates how innovative processes of facilitation and consensus building can be used for group decision making and deliberative democracy

The Advanced Introduction to Alternative Dispute Resolution is an essential resource for scholars and students of arbitration, business law and consumer law. Legislators and international relations professionals will likewise benefit from its insightful suggestions for modern dispute resolution.Reviews the latest issues in multi-party, multi-issue international disputes

1.
Introduction: History and definitions of the field – what is the “A” in ADR?: 1.1 Definition—what is the “A” in ADR?; 1.2 A brief history of the field: Of theories and practices; 1.3 ADR in the legal system; 1.4 Outline of the book; 2.
The foundational structures of dispute resolution: 2.1 Introduction to structures of dispute resolution; 2.2 Characteristics of different forms of dispute resolution; 2.3 Descriptions of dispute resolution processes; 2.4 Compliance, enforcement, regulation of dispute resolution processes; 3.
Negotiation: Models and behaviors: 3.1 What is negotiation and when do we do it?; 3.2 The science and art of negotiation; 3.3 Conventional negotiation: Competition with assumed scarcity; 3.4 Problem solving or integrative negotiation: Seeking joint gain and improved conditions with analysis; 3.5 Behavioral issues in negotiation; 3.6 The complexity of numbers in negotiation; 3.7 Enforcing agreements, trust and morality; 3.8 Frameworks of negotiation: Competitive (distributive), integrative, accommodative and mixed; 4.
Mediation: Aspirational and actual: 4.1 What is mediation?; 4.2 Facilitative mediation; 4.3 Tools, techniques and skills of mediators; 4.4 Evaluative mediation; 4.5 Other forms of mediation; 4.6 Hybrid models of mediation; 4.7 Legal and policy issues in the uses of mediation— public and private dispute resolution; 4.8 Enforcement of mediation agreements; 4.9 Professional standards, liability and ethics; 4.10 International mediation; 4.11 Other uses of mediation; 5.
Arbitration: Public, private and hybrid: 5.1 What is arbitration? And its history; 5.2 Arbitration as consensual process: Forming agreements, contracts and law; 5.3 Types of arbitration; 5.4 The processes of arbitration: Rules, awards and procedures; 5.5 Enforcement and vacatur of arbitration awards; 5.6 Issues and controversies in use of arbitration; 5.7 Reforms for arbitration; 6.
Adjudication: Public dispute resolution: 6.1 What is adjudication? Is a court required?; 6.2. Jurisdiction; 6.3 Formality, rules and procedures; 6.4 Reasoned decisions and the rule of law; 6.5 Appeals and review; 6.6 Judges; 6.7 Courts and ADR; 6.8 Administrative tribunals; 7.
Complex multi-party, multi-issue dispute resolution: 7.1 When disputes get complicated; 7.2 The problem of numbers; 7.3 The complexity of alternatives with many parties; 7.4 Challenges of multi-party dispute resolution: Coalitions, alliances, commitments, defections and holdouts; 7.5 Structures of process for multi-party and multi issue dispute resolution; 8.
Hybrid forms of dispute resolution: 8.1 Process pluralism and the hybridization of dispute resolution; 8.2 The jurisprudence of hybrid processes; 8.3 Mediation-arbitration (med-arb); 8.4 Arbitration-mediation (arb-med); 8.5 Mini-trials, summary jury trials, summary judge trials; 8.6 Early neutral evaluation; 8.7 Mandatory settlement conferences (MSC); 8.8 Court annexed-mandated arbitration or mediation processes; 8.9 Special masters; 8.10 Rent-a-judge; 8.11 Ombuds; 8.12 Negotiated rule making (reg-neg); 8.13 Facilitated decision making (consensus building); 8.14 Dispute System Design; 8.15 Claims facilities; 8.16 Restorative justice—truth and reconciliation commissions and transitional justice; 8.17 Hybridity and process pluralism—a good thing? How do we know?; 9.
Dispute resolution and technology: Online dispute resolution (ODR) and artificial intelligence (AI): 9.1 Early forms of ODR: From private commerce to public courts; 9.2. ODR Systems: Dispute System Design; 9.3 Artificial intelligence and dispute resolution; 9.4 Access to justice with digitized justice: Advantages and concerns; 9.5 The ethics of ODR/AI; 10.
Conclusion: Opportunities and challenges for dispute resolution: 10.1 The evolution of dispute resolution—will courts of law and the rule of law survive?; 10.2 Modern dispute resolution: The interface of persons and machines: Process pluralism and hybridity; 10.3 Purposes of dispute resolution; 10.4 The future of dispute resolution?