Dispute processes : ADR and the primary forms of decision-making
著者
書誌事項
Dispute processes : ADR and the primary forms of decision-making
（Law in context）
Cambridge University Press, 2005
2nd ed
- : pbk
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注記
Includes bibliographical references (p. 365-378) and index
内容説明・目次
内容説明
This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.
目次
- 1. Introduction
- 2. Cultures of decision-making: precursors to the emergence of ADR
- 3. The debates around civil justice and the movement towards procedural innovation
- 4. Disputes and dispute processes
- 5. Negotiations
- 6. Mediation
- 7. Umpiring
- 8. Hybrid forms and processual experimentation
- 9. The trajectory of alternative dispute resolution.
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