Dispute processing and conflict resolution : theory, practice and policy

著者

    • Menkel-Meadow, Carrie

書誌事項

Dispute processing and conflict resolution : theory, practice and policy

Carrie Menkel-Meadow

(Collected essays in law / general editor, Tom D. Campbell)

Ashgate Dartmouth, c2003

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注記

Includes index

内容説明・目次

内容説明

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.

目次

  • 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.

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