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Comparative Dispute Resolution

Comparative Dispute Resolution

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781786433022
  • 出版时间 December 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.

    From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their ‘modernisation’. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.

    Showcasing opportunities for new research and debate, Comparative Dispute Resolution will be helpful to practitioners and those engaged in the practise of handling disputes. Students and scholars in disciplines such as law, sociology, politics and psychology will also find this topical Research Handbook useful in their understanding of the theory and practice of disputing and dispute management, legal reform and enhanced access to justice.

  • [A] INTRODUCTORY
    1. Introduction
    Maria Federica Moscati, Michael Palmer and Marian Roberts
    [B] DISPUTES
    2. Restorative Responses to Intimate Partner Violence
    Donna Coker
    3. Dispute Avoidance
    Fiona Cownie and Anthony Bradney
    4. Conflict Analysis and Conflict Intervention: Do Theoretical Understandings of Conflict Shape Conflict Intervention Approaches?
    Joseph P. Folger
    5. Violence
    Michael Palmer
    [C] NEGOTIATION
    6. The Opening Statement in Mediation: A Goffman Analysis
    Debbie de Girolamo
    7. (Mindfully) Negotiating around ‘Lies’: The Science of Nonverbal Communication for ‘Soft’ and ‘Hard’ Cultures
    Clark Freshman
    8. The Negotiative Function of Law in International Dispute Resolution
    Amy Kellam
    9. Negotiating Within Legal Ambiguity: Same-Sex Partners, Family Disputes and Negotiation in Italy
    Maria Federica Moscati
    10. Rethinking Analysis of Homelessness Applications: the Role of Negotiation and Disputing Behaviour
    Patricia NG
    [D] MEDIATION
    11. Through the Looking Glass: exploring the regulatory-ethical eco-system for mediation
    Nadja Alexander
    12. Square Pegs and Round Holes: The Divergent Roles of Lawyers and Mediators
    Lesley Allport
    13. Elder Mediation: An Emerging Field of Practice
    Dale Bagshaw
    14. Mediator Styles
    Kenneth Kressel
    15. Mediation Privilege
    Garry Meggitt
    16. Mediation Processes
    Linda Mulcahy
    17. Gulliver’s cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice.
    Marian Roberts
    18. Personae non grata: Interpreters in Mediation
    Brooke Townsley
    19. Civil Case Mediation in the United States
    James A. Wall
    [E] UMPIRING: ADJUDICATION, ARBITRATION & LITIGATION
    20. Judicial Conflict Resolution (JCR) in Italy, Israel and England and Wales: A Comparative Look on the Regulation of Judges’ Settlement Activities
    Michal Alberstein & Nourit Zimerman
    21. Arbitration in Comparative Perspective
    Gu Weixia
    22. Courts and Dispute Resolution in Japan
    John Haley
    23. Algorithmic Justice: Dispute Resolution and the Robot Judge?
    John Morrison & Adam Harkens
    24. Regulating the Cost of Access to Justice in Environmental Matters in the Member States of the European Union
    Áine Ryall
    25. Unrepresented Parties as “Professionals” in China’s Consumer Dispute Processes
    Zhou Ling
    [F] MIXED PROCESSES and HYBRID SYSTEMS
    26. The Role of Ombuds—A Comparative Perspective
    Naomi Creutzfeldt
    27. Alternative Dispute Resolution through Restorative Justice: An integrated approach
    Theo Gavrielides
    28. Hybrid and Mixed Dispute Resolution Processes: Integrities of Process Pluralism
    Carrie Menkel-Meadow
    29. Regulatory Regime for Online Dispute Resolution (ODR): Current Forms and Future Development
    ZHAO Yun
    [G] CHANGING CULTURES, CHANGING SYSTEMS
    30. Mediation in the Russian Federation
    W. E. Butler
    31. Transplants, Re-Use, and Adaptation: Voluntarism in the Irish Mediation Act 2017 as a Comparative Undertaking
    Aonghus Cheevers
    32. Restoring the National Convivencia through Transitional Justice: The Chilean Case
    Anita Ferrara
    33. Dispute Resolution Processes in Islamic Cultures
    Mohamed M Keshavjee
    34. Dispute Resolution in South Korea
    Dohyun Kim & Chul-woo Lee
    35. “Different spaces, Different laws”: The role of state forums in non-state dispute processing in India
    Kalindi Kokal
    36. Shifts in Dispute Resolution Processes of West African States
    Emelia Onyema
    37. The Art of Mediation: Law and Rhetoric in Medieval Tibet
    Fernanda Pirie
    38. Local Law and Dispute Resolution Mechanisms under Negotiation in Emerging South Sudan
    Katrin Seidel
    39. Commercializing Alternative Dispute Resolution Processes in Resolving Financial Disputes in China
    Shen Wei
    Index

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