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Dispute Processing and Conflict Resolution: Theory, Practice and Policy: Collected Essays in Law

Autor Carrie Menkel-Meadow
en Limba Engleză Hardback – 17 oct 2003
This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.
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Specificații

ISBN-13: 9780754623052
ISBN-10: 075462305X
Pagini: 544
Dimensiuni: 150 x 224 x 25 mm
Greutate: 1.17 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Collected Essays in Law

Locul publicării:Oxford, United Kingdom

Cuprins

Contents: Introduction. History and Theoretical Forebears: The Purposes and Sources of Process Pluralism: Mothers and fathers of invention; the intellectual founders of ADR; Legal negotiation: a study of strategies in search of a theory. Foundational Processes of Dispute Resolution: Toward another view of legal negotiation: the structure of problem solving; The many ways of mediation: the transformation of traditions, ideologies, paradigms and practices. Uses and Abuses of Dispute Resolution Processes: For and against settlement: uses and abuses of the mandatory settlement conference; Pursuing settlement in an adversary culture: a tale of innovation co-opted or 'the law of ADR'; Lawyer negotiations: theories and realities - what we learn from mediation. Conflicts about Conflict Resolution: Philosophical and Policy Issues in Dispute Resolution: When dispute resolution begets disputes of its own: conflicts among dispute professionals. Ethical Issues in Dispute Processing: Ethics and professionalism in non-adversarial lawyering; Ethics in ADR representation: a road map of critical issues. The Future of Dispute Processing: Creativity, Problem Solving and Complex, Multi-Party Disputes: Aha? Is creativity possible in legal problem solving and teachable in legal education?; When litigation is not the only way: consensus building and mediation as public interest lawyering; Practicing 'In the Interests of Justice' in the 21st century: pursuing peace as justice; Name index.

Recenzii

'Carrie Menkel-Meadow is a prolific and perceptive scholar in the conflict resolution field. This collection of her ADR writings makes a fitting companion to her earlier volume on mediation.' Professor Frank E.A. Sander, Harvard University, USA 'In this collection of stimulating essays, Carrie Menkel-Meadow vividly demonstrates a remarkable power of synthesis and an ability to explore negotiation and dispute resolution as a legal academic who is at once a clinician, a feminist, and a scholar with a broad range [of] interdisciplinary knowledge.' Professor Robert H. Mnookin, Harvard Law School, USA

Descriere

This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.