Dispute Processing and Conflict Resolution: Theory, Practice and Policy

Dispute Processing and Conflict Resolution: Theory, Practice and Policy

by Carrie Menkel-Meadow
     
 

ISBN-10: 075462305X

ISBN-13: 9780754623052

Pub. Date: 10/01/2003

Publisher: Taylor & Francis

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.

Overview

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.

Product Details

ISBN-13:
9780754623052
Publisher:
Taylor & Francis
Publication date:
10/01/2003
Series:
Collected Essays in Law Series
Pages:
540
Product dimensions:
5.96(w) x 9.02(h) x 1.31(d)

Table of Contents

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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