CiNii 図書 - Systematic analysis in dispute resolution

The burgeoning of court litigation and the resulting logjams in the judicial system have spawned new ways for attorneys and their clients to resolve disputes quickly and at a lower cost. Alternative dispute resolution is one important way of doing this. Editors Nagel and Mills, along with their contributors, explore the theory and practice of this technique. They demonstrate how to clarify, understand and develop the various options available under alternative dispute resolution, and how to evaluate the probable outcomes. Among the tools available to facilitate dispute resolution are microcomputer-based, rule-based expert systems and, for specific fields of dispute, decision-aiding software. The editors delineate several ways in which participants in a dispute win or lose. The most desirable are the super-optimum solutions in which all sides come out ahead of their best expectations. They point out that win-win solutions are not as desirable as would seem at first glance since parties only come out ahead relative to their worst expectations. Subject matter for resolution methods include disputes involving family members, neighborhoods, merchants-consumer, management-labor, legislation and foreign countries. Scholars, lawyers and policy-makers will find this book a valuable resource.

Introduction Classifying Disputes Broadening the Applicability of Multi-Criteria Dispute Resolution A Typological Approach to Multiple-Criteria Conflict Analysis Family and Neighborhood Disputes Dispute Resolution Education, Training, and Critical Issues for Criminal Justice Professionals Options for Dispute Resolution in the Public Decision Processes on Urban Land Development Litigation Disputes Merging of Minds and Microcomputers: the Coming Age of Computer-Aided Mediation of Court Cases Legal Rules, Bargaining, and Transactions Costs: the Case of Divorce Policy-Making Disputes Reducing Risk Conflict by Regulatory Negotiation: a Preliminary Evaluation Dimensions of Negotiated Rule-Making: Practical Constraints and Theoretical Implications International Disputes The Use of Simulation in International Negotiations The Cambodian Peace Process: An Options Analysis Improving Systematic Analysis with Math and Decision-Aiding Software Decision-Aiding Software and Alternative Dispute Resolution Sequential Arbitration Procedures Dynamic versus Static Models of ADR Dispute Resolution in Economic and Political Theory Alternative Dispute Resolution in the United States: No Roses without Thorns Dispute Resolution and Democratic Theory Select Bibliography Indexes

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