Comparative dispute resolution / edited by Maria Federica Moscati (Senior Lecturer, School of Law, University of Sussex, UK), Michael Palmer (Emeritus Professor of Law, SOAS, and Senior Research Fellow, IALS, University of London, UK, Senior Research Fellow, Hong Kong Institute of Asia-Pacific Studies (HKIAPS), Chinese University of Hong Kong, and Cheng Yu Tung Visiting Professor of Law, University of Hong Kong), and Marian Roberts (practising family mediator, SE London Family Mediation Bureau and an Adviser to the College of Mediators, UK).
2020
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Title
Comparative dispute resolution / edited by Maria Federica Moscati (Senior Lecturer, School of Law, University of Sussex, UK), Michael Palmer (Emeritus Professor of Law, SOAS, and Senior Research Fellow, IALS, University of London, UK, Senior Research Fellow, Hong Kong Institute of Asia-Pacific Studies (HKIAPS), Chinese University of Hong Kong, and Cheng Yu Tung Visiting Professor of Law, University of Hong Kong), and Marian Roberts (practising family mediator, SE London Family Mediation Bureau and an Adviser to the College of Mediators, UK).
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2020.
Description
1 online resource (608 pages).
Series
Research handbooks in comparative law.
Formatted Contents Note
Contents: [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 / Gary 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.
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 / Gary 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.
Summary
"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"-- Provided by publisher.
Note
Includes index.
Bibliography, etc. Note
Includes bibliographical references.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781786433039 (e-book)
Record Appears in