Adr In Business

Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International
ISBN: 904113414X
Size: 40.84 MB
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Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Adr In Business

Author: J. C. Goldsmith
Publisher:
ISBN: 9789041125842
Size: 43.89 MB
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Resolving Land Disputes Through Alternative Dispute Resolution Adr An Overview Of Tanzania S Legal Framework

Author: Burhani Kishenyi
Publisher: GRIN Verlag
ISBN: 3668447012
Size: 12.92 MB
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Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, language: English, abstract: Upon reform of land laws in 1999 following the National Land Policy of 1995 the new system for adjudication on land disputes aimed at adopting a procedure which is not tied to legal technicalities and that which is not strictly bound by rules of practice or procedure but which aims at delivering substantial justice. That’s why land laws embody some forms of ADR. The main purpose of this study was therefore to examine the effectiveness of ADR legal framework in Tanzania and how useful it is in resolving land disputes. ADR processes currently in use in Tanzania are critically examined and their shortcomings reviewed. The legal framework for ADR and the role they play in providing the supporting structure for land dispute resolution are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in resolving land disputes are given. The study has revealed that despite the specialized court system for land disputes settlement there is no distinct legal regime for use of ADR at all levels of land dispute settlement machinery. The only method of ADR in use at the High Court level is mediation through court annexed mediation like in any other civil cases though there are no procedural Rules guiding the same. Negotiation is rarely used where parties to the dispute opt to resolve the matter out of court and then file a deed of settlement in court.

Getting To Yes

Author: Roger Fisher
Publisher: Penguin
ISBN: 9781101539545
Size: 22.71 MB
Format: PDF, Kindle
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The key text on problem-solving negotiation-updated and revised Since its original publication nearly thirty years ago, Getting to Yes has helped millions of people learn a better way to negotiate. One of the primary business texts of the modern era, it is based on the work of the Harvard Negotiation Project, a group that deals with all levels of negotiation and conflict resolution. Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken. From the Trade Paperback edition.

Collaborative Divorce Handbook

Author: Forrest S. Mosten
Publisher: John Wiley & Sons
ISBN: 9780470528563
Size: 57.33 MB
Format: PDF, ePub
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Forrest S. Mosten Collaborative Divorce Handbook Helping families without going to court Praise for Collaborative Divorce Handbook "There are many roads to peace. Whether you engage in collaborative practice, which by definition includes the provision that professionals will not represent the parties in litigation, or some other process for respectful conflict resolution, you will find Collaborative Divorce Handbook to be an invaluable resource for deepening your understanding and enhancing your skills as a peacemaker." —Talia L. Katz, JD, executive director, International Academy of Collaborative Professionals "Collaborative lawyering is a promising new way of resolving disputes through joint problem solving rather than adversary litigation that has particular appeal for divorce cases. Whether you are a client who seeks to learn more about it or a lawyer using it who desires a wise guiding hand, this book is an invaluable resource." —Frank E. A. Sander, Bussey Professor Emeritus, Harvard Law School "Written by one of the innovative thinkers in the field, Collaborative Divorce Handbook is a treasure of information for all professionals interested in collaborative divorce. Easy to read, expansive, and chock-full of resources, it is bound to become a classic." —Constance Ahrons, PhD, author, The Good Divorce and We're Still Family, and professor emerita, University of Southern California "Family law is changing. As more people realize that the adversarial process is expensive, degrading, and stressful, they look for alternatives and find it in various forms of alternative dispute resolution. Woody Mosten is the nationally recognized leader of this movement, and his book on collaborative practice literally will be 'The Handbook' we will all follow." —Garrett C. Dailey, Esq., CFLS, AAML, president, Attorney's BriefCase, Inc.

Alternative Dispute Resolution And Peace Building In Africa

Author: Ernest Uwazie
Publisher: Cambridge Scholars Publishing
ISBN: 1443862541
Size: 20.70 MB
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Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.

The Mediation Handbook

Author: Alexia Georgakopoulos
Publisher: Routledge
ISBN: 1317300696
Size: 36.87 MB
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The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.

Making Global Deals

Author: Jeswald W. Salacuse
Publisher: Pon Books
ISBN: 9781880711224
Size: 30.38 MB
Format: PDF, ePub
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Picking up where other negotiation books leave off, this practical, incisive handbook shows executives, lawyers, and government officials how to survive and thrive in today's highly competitive international marketplace. Jeswald W. Salacuse, a professor of international law at Tufts University and a member of Harvard's Program on Negotiation, draws on his business experience in more than thirty countries to provide business people with the techniques and strategies they need to successfully close an international agreement. Making Global Deals explains how to overcome the obstacles -- the instability of the international market place and differences in culture, ideology, law, politics, and currencies -- and come out on top in any size venture. Emphasizing careful preparation, he provides checklists and ground rules for strengthening and maintaining a solid bargaining position and shows step-by-step how to achieve a "win-win" solution.