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Dispute Processes: ADR and the Primary Forms of Decision Making, 3rd Edition

Dispute Processes: ADR and the Primary Forms of Decision Making, 3rd Edition

Author: Michael Palmer; Simon Roberts
Publisher: Cambridge University Press
ISBN: 9781107687578

Previous Edition ISBN: 0521676010
Published In: July 2020
Format: Paperback , 432 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes.

The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.

Examines Alternative Dispute Resolution (ADR) from a comparative perspective using materials beyond those ordinarily found in ADR literature
Combines the theory and practice of ADR
Includes a section on classroom role-plays, and offers suggestions for further (open-access) reading

Preface

Acknowledgements

1. Introduction

2. Cultures of Decision-making: Precursors to the Emergence of ADR

3. The Debates Around Civil Justice and the Movement Towards Procedural Innovation

4. Disputes and Dispute Processes

5. Development of Disputes, Avoidance and Self Help

6. Negotiations

7. Mediation

8. Umpiring: Courts and Tribunals

9. Umpiring: Arbitration

10. Hybrid Forms and Processual Experimentation