A Handbook Of Dispute Resolution

Author: Karl J Mackie
Publisher: Routledge
ISBN: 1134952805
Size: 71.73 MB
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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.

International Dispute Settlement

Author: J. G. Merrills
Publisher: Cambridge University Press
ISBN: 9781139448413
Size: 12.70 MB
Format: PDF, Docs
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A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.

Banks Consumers And Regulation

Author: Peter Cartwright
Publisher: Bloomsbury Publishing
ISBN: 184731029X
Size: 10.79 MB
Format: PDF, Mobi
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Recent developments in law, public policy, and regulation have ensured that questions regarding the relationship between banks and their customers have seldom been out of the spotlight. This important book provides a timely, original, and critical examination of the role of the law in regulating banks in the interests of the consumer. The work examines the social and economic rationales for, and the objectives of banking regulation. In so doing, it focuses on the crucial role of regulation in the protection of the consumer. The book then provides a critical appraisal of the principal techniques by which regulation is delivered and protection ensured. Such techniques include prior approval by licensing, continued supervision, and information remedies such as disclosure. The work also looks at how the law protects depositors of insolvent banks through financial compensation schemes, and how it provides consumer redress through mechanisms for ensuring access to justice, in particular ombudsmen. Finally, the book looks at the topical question of consumer access to banking services, and considers the extent to which the law can justify placing social obligations on banks in the consumer interest. This is the first monograph to examine these important topics in this way.

The Mediator S Handbook

Author: Jennifer E. Beer
Publisher: Gabriola Island, B.C. : New Society Publishers
ISBN: 0865713596
Size: 18.10 MB
Format: PDF
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The Mediator's Handbook provides a time-tested, flexible model for effective mediation in diverse environments and situations. Completely revised, this new, expanded edition provides a clear overview of mediation and conflict; a large "Toolbox" section that details the skills and approaches used by professional mediators; and a final section that looks at informal mediation. A valuable resource for all working in corporations, government agencies, community organizations and schools.

The Handbook Of Employment Relations

Author: Brian Towers
Publisher: Kogan Page Publishers
ISBN: 9780749442088
Size: 55.71 MB
Format: PDF
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Changes in working patterns and technology over the last decade have revolutionized the way we work. More people than ever work in white-collar jobs and are unlikely to organize collectively. Other issues such as careers, the long-hours culture, the global economy, an ageing workforce, and changes in employment legislation have completely transformed the working landscape. This long-awaited fourth edition of the Handbook of Employment Relations, Law and Practice (originally published as the Handbook of Industrial Relations Practice) has been revised to reflect these changes. In this comprehensive handbook, a host of acknowledged experts have been brought together to consider all aspects of employment relations. Topics include: the influence of the EU employment relations and the information society unfair dismissal health and safety pay working time and other employment rights alternative dispute resolution managing the employment relationship employment relations in smaller firms trade unions pay and performance sickness and absence training and development managing change. The Handbook of Employment Relations, Law and Practice is an invaluable source of guidance and practical advice for resolving day-to-day issues that arise in the workplace. Practitioners, students and managers alike will find it an essential tool that they will refer to again and again.

Alternative Dispute Resolution

Author: Mark V.B. Partidge
Publisher: OUP USA
ISBN:
Size: 78.39 MB
Format: PDF, ePub
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Alternative Dispute Resolution (ADR) has become a critical competency for intellectual property (IP) practice. Litigators and corporate counsel are compelled by the realities of federal court litigation to master the skills, strategies and tactics of ADR. The escalating cost of IP litigation leads clients to demand alternative solutions. Industry surveys disclose that the average cost to pursue an IP case through trial will exceed $5,000,000 (five million). Despite that high cost, the likelihood that counsel has relevant trial experience has dramatically declined as less that 1.5% of civil actions are resolved by trial. Thus it is no surprise that corporate clients favor some form of ADR as an alternative to federal litigation. As a result, successful litigators must master ADR or be left behind as clients turn to attorneys with the experience and knowledge to use ADR to achieve the clients' goals. This book provides litigators, corporate counsel and in-house attorneys with the information and knowledge necessary to understand the options available for using ADR to resolve IP disputes, to create an effective strategy for using ADR, to achieve better results at a lower cost, and to control the ADR process as an effective advocate. The title serves as a handbook to explain the nature and use of ADR for IP disputes, including an assessment of the rising need for the use of ADR, the benefits available through the use of ADR, the tactics and tools available as an alternative to civil litigation, cases studies where ADR has been used to achieve improved results, and advice and tips for advocacy in ADR, with special emphasis on mediation skills. Relevant statutes and case law are included within a larger narrative built on stories and cases studies. Part One of the book deals with strategic considerations involved in ADR. It explores why ADR is important today for the resolution of IP disputes. It then covers the key benefits of ADR and dispels the typical reasons given to avoid the use of ADR. Part Two of the book covers the nuts and bolts of ADR. It describes the various types of ADR available to counsel for IP disputes. This section also explains the various providers of ADR services, the means to lead a problem into ADR (contractual provisions, court mandate, corporate and industry policy) and the legal basis for the use and enforcement of ADR results. Part Three shows the application of ADR methods to various disputes through the use of case studies. This section shows how ADR allows for creative solutions that cannot be obtained in the all or nothing environment of a court decision. Part Four closes the book with tips and advice on advocacy in ADR, especially mediation which involves a distinctive skill set that is often misunderstood and poorly utilized by litigators.

Alternative Dispute Resolution

Author: Nancy F. Atlas
Publisher: American Bar Association
ISBN: 9781570738128
Size: 38.63 MB
Format: PDF, Mobi
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This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.

The Sage Handbook Of Governance

Author: Mark Bevir
Publisher: SAGE
ISBN: 1473971152
Size: 52.81 MB
Format: PDF, Kindle
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The study of governance has risen to prominence as a way of describing and explaining changes in our world. The SAGE Handbook of Governance presents an authoritative and innovative overview of this fascinating field, with particular emphasis on the significant new and emerging theoretical issues and policy innovations. The Handbook is divided into three parts. Part one explores the major theories influencing current thinking and shaping future research in the field of governance. Part two deals specifically with changing practices and policy innovations, including the changing role of the state, transnational and global governance, markets and networks, public management, and budgeting and finance. Part three explores the dilemmas of managing governance, including attempts to rethink democracy and citizenship as well as specific policy issues such as capacity building, regulation, and sustainable development. This volume is an excellent resource for advanced students and researchers in political science, economics, geography, sociology, and public administration. Mark Bevir is a Professor of Political Science at the University of California, Berkeley.

Handbook Of Research On Effective Communication Leadership And Conflict Resolution

Author: Normore, Anthony H.
Publisher: IGI Global
ISBN: 146669971X
Size: 31.46 MB
Format: PDF, ePub, Docs
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In order for an organization to thrive, it is essential to develop key strategies for interaction, leadership, and management within diverse settings. Refining these skills ultimately aids in the arbitration of any potential conflicts that may arise during intra-organizational interactions. The Handbook of Research on Effective Communication, Leadership, and Conflict Resolution evaluates operational strategies and interpersonal skill development for the successful leadership and management of modern organizations. Highlighting various governance and interaction techniques that assist in mediating organizational controversies, this handbook of research is a vital source for professionals, leaders, managers, and human resource specialists interested in developing skills needed to efficiently communicate, collaborate, and negotiate across differences within an organization.