Conflict avoidance and resolution have always been primary purposes of the law. Satisfaction with judicial processes has declined in many jurisdictions. After the diversion of many disputes from courts to arbitral tribunals, arbitration has now also become a target of intense criticism.This dissatisfaction with binding third party adjudication of disputes coincides with rising tensions among citizens asking basic questions about what they can expect from each other and their governments in a constantly changing world. One response has been the proliferation of processes between disputing parties that are structured and interactive negotiation and assisted by a neutral third party using specialized negotiation and communication techniques. These processes have been labelled "mediation". While mediation is not focused on the identification and application of legal rights and duties in the way that adjudication is, its success remains dependent on a legal framework which is still evolving in most jurisdictions and especially across borders. In this edition of the Comparative Law Yearbook of International Business, lawyers from nine jurisdictions examine developments relating not only to the framework for cross-border mediation, such as the Singapore Convention or inter-State disputes, or relating to their countries' overall approaches to regulating this method of dispute resolution, but also relating to specific issues, such as mediator ethics and conflicts of interest, and even exploring the neural science of conflict dynamics.
136 Morris v Htay Unreported, 02 February 2015 . . . . . . . . . . . . . . . . 146 MP Kemp Ltd v Bullen Developments Ltd [2014] EWHC 2009 (Ch) . . . . . . 396,400 MRI Trading AG v Erdenet Mining Corp LLC [2013] EWCA Civ 156; ...
This book brings together a series of conference papers presented by international experts in the field of judicial dispute resolution at the International Research Collaborative (IRC) in Judicial Dispute Resolution.
"This book coaches readers, giving them both the big picture view of the field as well as providing some of the more nuanced and subtle plays to help them deal with varied situations.
The Third Edition covers and updates the theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority.
This title deals with dispute resolution as a coherent and discrete topic and remains unchallenged in this respect. It covers the theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority.
Alternative Dispute Resolution
The Third Edition covers and updates the theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority.
Notes for Teachers to Processes of Dispute Resolution: The Role of Lawyers
Boucher, Steve; António Francisco; Laurel Rose; Michael Roth; Fernanda Zaqueu 1995, “Legal Uncertainty and Land Disputes in the Peri-Urban Areas of Mozambique. Land Markets in Transition”, LTC Research Paper 121, Madison, ...
18 WILLIAM L. URY , ET AL . , GETTING DISPUTES RESOLVED : DESIGNING SYSTEMS TO CUT THE COSTS OF CONFLICT 3-19 ( 1988 ) . ... Jennifer Gerarda Brown , Marcia Caton Campbell , Jayne Seminare Docherty , & Nancy Welsh , Negotiation as One ...