Arbitration, mediation and alternative dispute resolution Books
Harvard University Press Beyond Winning
Book SynopsisBeyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.Trade Review[Beyond Winning] rallies all of the [Harvard Negotiation Research Project’s] prior gems of wisdom on negotiation around the central theme of creating value. [The book] should be required reading for all lawyers and law students, for all mediators and judges. It is a book that every lawyer should ask his or her client to read (or reread) prior to commencing any important transaction or dispute, negotiation or mediation. Crafted in a reader-friendly style, the book energetically promotes an interdisciplinary approach to problem-solving in negotiation… In contrast to other experts’ advice to be reactive initially in a negotiation, the authors here encourage a proactive, ‘take charge’ approach to engaging negotiators across the table in problem-solving. This approach is not initially directed to the substance of the dispute or transaction, but rather to the nature and structure of the negotiation process that the parties might together design… This is a book for everyone who negotiates—a universe that includes all of us. Inevitably, it will move lawyers into a new paradigm of thinking about higher-quality solutions in negotiation and mediation, and about how to achieve the best possible results for their clients. It is bound to change the world of negotiation in this new millennium. -- John W. Cooley * ABA Journal *The practice of law has become more contentious and competitive, not less. The authors of [Beyond Winning]…advocate that parties [instead] practice ‘value creation’ (i.e., the attempt to ‘enlarge the pie’) so that both parties to a negotiation receive bigger returns… The book does an excellent job of breaking down relationships, players, tensions and organizations to lay bare the inner-workings of the actors in a negotiation and the situations they create. Because of its unique objective of educating attorneys and clients, Beyond Winning is a good addition to any library on negotiation. -- William J. Estes * New York Law Journal *Conventional negotiating strategy often requires adversarial positions, but the authors propose viewing negotiating as a problem-solving task… They explain that creating value is the key to successful negotiating. The goal should not be to win the biggest piece of the pie but to make the pie bigger! -- David Rouse * Booklist *Observing that today’s tough, adversarial legal negotiations preempt mutually beneficial problem solving between parties, Mnookin and his coauthors urge lawyers to adopt a proactive, optimistic and realistic mindset to transform their practices… [Although] aimed…at attorneys who want to serve clients’ broader needs better as well as to protect their interests, the authors’ practical, straightforward and jargon-free style makes this a valuable resource for anybody who is about to hire an attorney, file a lawsuit or sign a contract. * Publishers Weekly *With its lively examples and its innovative framework for managing the tensions intrinsic to any negotiation, Beyond Winning is must reading for lawmakers as well as lawyers—for anyone, in fact, who is charged with resolving intractable disputes and forging lasting agreements. -- Senator George MitchellOn the cutting edge of negotiation literature, Beyond Winning is a spectacular integration of our contemporary understanding of negotiation, modern social science, and the legal context. This is an excellent book and is sure to become a must-read for lawyers, law students, and executives who deal with the legal process on a regular basis. -- Max Bazerman, Harvard Business SchoolThe authors provide specific, concrete strategies lawyers and their clients can employ to mitigate the tensions that make legal negotiation so difficult. They integrate theory and practice in ways that do justice to the complexity of each. -- Jennifer Girarda Brown, Quinnipiac College School of LawMuch negotiation literature suffers from one of two problems. Either it is too theoretical to be of use to practitioners or it is simplistic, purporting to give advice to negotiators in cookbook form. Beyond Winning captures the most important theoretical economic and social science material and uses vivid examples to demonstrate techniques for using theoretical insights in practice. The mini-case histories and transcripts of portions of negotiations that appear throughout the book are especially valuable ways both to illustrate theory and to provide practical guidance for its application. -- Carol B. Liebman, Columbia Law SchoolTable of ContentsPreface Introduction I. The Dynamics of Negotiation 1. The Tension between Creating and Distributing Value 2. The Tension between Empathy and Assertiveness 3. The Tension between Principals and Agents II. Why Lawyers? 4. The Challenges of Dispute Resolution 5. The Challenges of Deal-Making 6. Psychological and Cultural Barriers III. A Problem-Solving Approach 7. Behind the Table 8. Across the Table 9. Advice for Resolving Disputes 10. Advice for Making Deals IV. Special Issues 11. Professional and Ethical Dilemmas 12. Organizations and Multiple Parties Conclusion Notes Index
£23.76
New Society Publishers The Mediators Toolkit Formulating and Asking
Book SynopsisThe Mediator's Toolkit offers an array of methods for mediators to develop the skills to formulate and ask strategic questions that shift perspectives and result in successful mediated outcomes in any context.Table of ContentsAcknowledgments Glossary Introduction Book Content Terminology Sequences of Questions SECTION I: The S Questions Model — Theory Chapter 1: Introduction and Purpose of the S Questions Model The S Questions Model Premise on Which the S Questions Model Has Been Developed Outline Summary of the Model The S Questions Model The Purpose of Mediation Questions Perspective and Paradigm Chapter 2: How We Process and Communicate Information How Information Is Processed Factors That Contribute to the Information That We Process The NLP Model of Communication Our Created Paradigm Becomes Our Reference Point for Interpreting Information How We Communicate Information to Others Distortion, Deletion and Generalization When Communicating to Others The Surface Structure Language We Use When We Communicate with Others Using Mediation Questions to Create a Paradigm Shift Chapter 3: Working with the Brain in Mediation The Brain Working with the Avoid-threat Reflex in Mediation SECTION 2: Practical Application of the S Questions Model Chapter 4: Methodology to Minimize an Avoid-threat Reflex When Asking Questions Methodology Chapter 5: The S Questions Model Applied to a Mediation Process Reflective Preparation for Questions The S Questions Model S Questions Model Applied to Initial Separate Meeting S Questions Model Applied to Joint Meeting SECTION 3: Practical Application of S1, S2 and S3 Questions Chapter 6: S1: The Subject Matter Dimension of Questions Chapter 7: S2: The Structure Dimension of Questions Chapter 8: S3: The Seeking Information Dimension of Questions SECTION 4: Practical Application of S4 Questions Chapter 9: Introduction: The Eight Types of S4: Shift Thinking Dimension of Questions 91 S4: The Shift Thinking Dimension of Questions Chapter 10: S4: Journey of Inference Questions S4: The Shift Thinking Dimension of Questions — Journey of Inference Questions How Do Journey of Inference Questions Work? When to Ask Journey of Inference Questions Methodology Chapter 11: S4: Neuro-Linguistic Programming Questions S4: The Shift Thinking Dimension of Questions — Neuro-Linguistic Programming Questions How Do Neuro-Linguistic Programming Questions Work? When to Ask Neuro-Linguistic Programming-based Questions Methodology Chapter 12: S4: Distinction and Difference Questions S4: The Shift Thinking Dimension of Questions — Distinction and Difference Questions How Do Distinction and Difference Questions Work? When to Ask Distinction and Difference Questions Methodology Chapter 13: S4: Reflective Connecting Questions S4: The Shift Thinking Dimension of Questions — Reflective Connecting Questions How Do Reflective Connecting Questions Work? When to Ask Reflective Connecting Questions Methodology Chapter 14: S4: Cognitive Elements-based Questions S4: The Shift Thinking Dimension of Questions — Cognitive Elements-Based Questions How Do Cognitive Elements-based Questions Work? When to Ask Cognitive Elements-based Questions Methodology Chapter 15: S4: Other People Questions S4: The Shift Thinking Dimension of Questions — Other People Questions How Do Other People Questions Work? When to Ask Other People Questions Methodology Chapter 16: S4: Underlying Interests Questions S4: The Shift Thinking Dimension of Questions — Underlying Interests Questions How Do Underlying Interests Questions Work? When to Ask Underlying Interests Questions Methodology Chapter 17: S4: Future Focus Questions S4: The Shift Thinking Dimension of Questions — Future Focus Questions How Do Future Focus Questions Work? When to Ask Future Focus Questions Methodology Endnotes Index About the Authors A Note about the Publisher
£31.45
Jessica Kingsley Publishers A Practical Introduction to Restorative Practice
Book SynopsisProven to reduce bad behaviour and exclusions, and encourage happier, safer school environments, restorative justice is an effective approach to conflict resolution.Suitable for education settings from preschool to college, this guide explains what restorative justice is, how it can be used in schools, what it looks like in the classroom and how it can be implemented. Featuring case studies that illuminate the underlying restorative principles and practices, this book covers a wide range of topics from the basics of restorative justice, through to school-wide processes for embedding the approach in policy and practice.Drawing on the expertise of educators and consultants, this is a must-have resource for any school or centre that is serious about reducing bad behaviour and developing safer learning communities.Trade ReviewOf the many gifts in this book, I'd like to emphasize a few. Bill mounts compelling arguments for restorative approaches to problem-solving. These arguments are presented in a comprehensive way that will be useful for readers wishing to influence others. Bill's conference preparation, told through his case studies, is impeccable - challenging us to lift our practice, I believe, to new levels. His detailed follow-up work described in section 4 also reminds us that the game is not over once a process has happened. His insights into how children and young people feel and think is very helpful, again helping us to think carefully about our own practice, thoughts and feelings. Finally, though, the whole section called Feeling Restoratively is a must read, if we still need convincing that we need to change the way we work with young people. Bill's grasp of Affect and Script Psychology (Human Being Theory) allows the reader to understand in a deep way, our emotional selves as humans - we are after all, social animals, and we are wired to live in good relationship with others. Important issues around accountability, responsibility, mercy, forgiveness and redemption must be tackled if we are to change our schools, and eventually our communities and world. This book is full of useful ideas and I hope it will become a well-thumbed resource for restorative practitioners. It's a great read. -- From the foreword by Margaret ThorsborneAs a growing community of schools across the globe embrace Restorative Practices, there exists a greater need for resource materials that will give as much careful attention to restorative values and principles as they do to technical guidance around restorative tools. Bill Hansberry has found that sweet spot. Readers who embrace both aspects of this book will be as grounded in their understanding of the vital role of emotion in effective restorative practices as they will be enriched in their ability to practice a variety of restorative approaches. -- Lauren Abramson, Ph.D., Founding Director, Community Conferencing Center, Baltimore, Maryland, USAAs interest grows in the use of restorative practice in schools, this new book by Bill Hansberry is a welcome addition to the resources available on the subject. Drawing on the author's personal experience, it provides both valuable insight into the theory underpinning restorative practice and practical advice on how it can be implemented in a school environment. By using case studies, the author also brings to life in an accessible and engaging way what the benefits of a restorative approach can be. Restorative practice should be integral to every school and this book can help to achieve this. -- Jon Collins, Chief Executive, Restorative Justice CouncilTable of ContentsAcknowledgements. Preface. Foreword. Section 1. Thinking Restoratively: Challenging Paradigms About What to Do When Things Go Wrong. 1. Case Study - Tristan and Jason. 2. Courage, Connectedness and Restorative work. 3. Re-Thinking the Role of Grownups When Things Go Wrong. 4. Dealing Restoratively With Tristan and Jason. 5. Different Questions, Different Outcomes. Section 2. Feeling Restoratively: A Psychological Framework for Restorative Practices. 6. Silvan Tomkins and Humans as Emotional Beings. 7. Affect - What Makes Humans Tick. 8. A Blueprint for Mentally Healthy Schools. 9. Shame and Humiliation. 10. Grasping the Nettle: Shame's Difficult Demand. 11. The Compass of Shame. Section 3. Working Restoratively: Restorative Approaches for Different Ages and Situations. 12. Continuums of Responses to Disruption and Wrongdoing. 13. Positive Behaviour Correction. 14. Affective Statements and Conversations. 15. The individual Conference. 16. The Small Group Conference. 17. The Large Group Conference. 18. The Classroom Conference. 19. The Community Conference. 20. The Leaving Well Conference. 21. Better Restorative Conversations. 22. Circles for Building Community and Teaching Restorative Thinking. Section 4. Ending Restoratively: Follow Up, Accountability and Managing a Conferencing Program. 23. What Have We Agreed to Here? 24. Creating Conference Agreements. 25. Recording and Managing New Conference Agreements. 26. After the Conference: Relationship Management and Accountability. 27. How to Review Conference Agreements. 28. Keeping Colleagues in the Loop. 29. Keeping Parents in the Loop. Conclusion. Appendix. References.
£21.84
Rowman & Littlefield Transformative Dialogue
Book SynopsisDialogue can be an effective response to group and community conflict. This book focuses on the many ways of organizing and facilitating dialogue in conflict resolution. It delivers a wide range of cutting-edge perspectives from experts in the field and shows how transformative dialogue works in a variety of contexts to support peace and justice.
£31.24
Penguin Putnam Inc Changing the Conversation
Book Synopsis
£18.70
Jessica Kingsley Publishers The Psychology of Emotion in Restorative
Book SynopsisHow and why does restorative practice (RP) work? This book presents the biological theory, affect script psychology (ASP), behind RP, and shows how it works in practice in different settings. ASP explains how the central nervous system triggers 'affects' which are the basis of all human motivation and emotion. The book presents a clear explanation of what ASP is, how it relates to RP, and how ASP helps practitioners to understand relationships, emotions and dynamics in their work. The chapters are based around case studies which demonstrate RP in criminal justice, organizational and education settings. They show how theory links to practice, and how having a deep understanding of the theory has helped practitioners to be successful in their work.Providing an accessible explanation of how RP works, this book will be invaluable to all RP practitioners in any setting, as well as RP students and academics.Trade ReviewThis is an impressive, thought-provoking and well-written book. It is a valuable contribution on the theory of Restorative thinking, justice and practice. The way in which the authors have cleverly translated theory into practice is both authentic and informative. This really comes alive through the sharing of real inspiring case studies, which allows us to access the theory in a way that translates into every day practice. I would recommend this book to all those wanting to understand Restorative Practice and its true value in society today and the future. -- Mark Finnis, Director, Mark Finnis Training and Consultancy and Trustee of Restorative Justice Council, UKThis is a splendid contribution to clarifying what we know and what we do not yet understand about what makes restorative justice fail or succeed. While much research and reflective practice remains to be done to fill great voids in our understanding, this book takes big steps forward. It is at once theoretically sophisticated and practically useful. -- John Braithwaite, Distinguished Professor, Australian National UniversityTable of ContentsForeword, Judge Andrew Becroft. Preface. Section 1. The Theory Underpinning Restorative Justice. 1. Caring, Restorative Practice and the Biology of Emotion. Vernon C. Kelly, Jr, Chairman, The Tomkins Institute, USA. 2. Interpersonal Caring, Social Disciple and a Blueprint for Restorative Healing. Vernon C. Kelly, Jr. Section 2. The Theory in Action in Communities and the Criminal Justice System. 3. Being Emotional, Being Human: Creating Healthy Communities and Institutions by Honoring our Biology. Lauren Abramson, Founding Director, Community Conferencing Center, Baltimore, Maryland, USA. 4. Restorative Practice in a Policing Environment: Understanding Affect Will Help. John Lennox, Director, Restorative Practices International, Australia. 5. Forgiveness. Katy Hutchison, restorative justice advocate, author and professional speaker, Canada. 6. A Necessary Discovery: Why the Theory is Important. Matthew W. Casey, Counselor and Restorative Practice Consultant, Goulburn Family Support Service and Matt Casey Counselling, Australia, Bill Curry, Counselor, Goulburn Family Support Service, Australia, Anne Burton, Service Coordinator, Goulburn Family Support Service, Australia and Katherine Gribben, Counselor, Goulburn Family Support Service, Australia. Section 3. The Theory in Action in Organizational Settings. 7. Keep Calm and Carry On: From Fear to Fun Over Two Years in a British Youth Arts Organization. Siân Williams, Principal Consultant, Thorsborne and Associates, UK. 8. Drama Queens. Margaret Thorsborne, Director, Margaret Thorsborne and Associates, Australia and UK. Section 4. The Theory in Action in Education. 9. Affect and Emotion in a Restorative School. Graeme George, teacher and trainer, RPforSchools.net, Australia. 10. They Suck, School Sucks, I Suck: The Secret Emotional Life of a Child with a Brain that Learns Differently. Bill Hansberry, teacher, counselors and mentor, Fullarton House, Australia. List of Contributors. Index.
£28.49
Penguin Putnam Inc Negotiating the Nonnegotiable
Book Synopsis“One of the most important books of our modern era” –Amb. Jaime de BourbonFor anyone struggling with conflict, this book can transform you. Negotiating the Nonnegotiable takes you on a journey into the heart and soul of conflict, providing unique insight into the emotional undercurrents that too often sweep us out to sea. With vivid stories of his closed-door sessions with warring political groups, disputing businesspeople, and families in crisis, Daniel Shapiro presents a universally applicable method to successfully navigate conflict. A deep, provocative book to reflect on and wrestle with, this book can change your life. Be warned: This book is not a quick fix. Real change takes work. You will learn how to master five emotional dynamics that can sabotage conflict outside your awareness:1. Vertigo: How can you avoid getting emotionally consumed in conflict? 2. Repetition compulsion: How can you stop repeating the same conflicts again and again? 3. Taboos: How can you discuss sensitive issues at the heart of the conflict? 4. Assault on the sacred: What should you do if your values feel threatened? 5. Identity politics: What can you do if others use politics against you? In our era of discontent, this is just the book we need to resolve conflict in our own lives and in the world around us.
£14.25
Urano Negociar Lo Imposible: Como Destrabar y Resolver
Book Synopsis
£17.69
Good Books Little Book of Conflict Transformation
Book Synopsis
£8.20
Jessica Kingsley Publishers Restorative Theory in Practice: Insights Into
Book SynopsisRestorative practice is an innovative approach to thinking about, and addressing, conflict and bullying, as well as disruptive, challenging and criminal behaviour. The approach is increasingly used to transform the culture of organisations, institutions and services and the way people communicate with one another.In this book, ten practitioners describe a restorative encounter as seen through the lens of their own theoretical model. The book's unique structure is modelled on a restorative practice known as Circle Time- comprising of a Check-in, a Main Activity, and a Check-out. In the Check-in the practitioner explains how their own theoretical model informs their practice; in the Main Activity they comment on the same case studies to highlight how each theory can deepen our understanding of what might be happening and why; and in the Check-out they reflect on what they have learned from reading each other's contributions. This is a unique exemplar of how restorative theory and practice can influence how practitioners think, learn and write about restorative practice.This will be an invaluable resource for restorative practitioners working across sectors including education, social services, youth offending or policy.Trade ReviewAs restorative justice continues to grow, expanding into new contexts and guided by practitioners from a wide range of backgrounds, it is critical that we maintain a solid foundation in the core guiding principles of the field and a strong connection to theories that support the work. Such a focus on restorative justice praxis brings together practice and theory, each informing the other and resulting in action that is guided by critical reflection. Belinda Hopkins contributes to this much-needed praxis by collaborating with ten leaders in the field of restorative justice who share the theories that support their work. This is not just a theory book, however; each of the theories is situated in ongoing work and applied in practical ways. This will definitely be a text I use in my classes. -- Katherine Evans, Assistant Professor, Restorative Justice in Education, Eastern Mennonite University, Harrisonburg, Virginia, USAIt has been said that restorative justice is a practice in search of a theory. Thanks to Belinda Hopkins we now have ten theories succinctly outlined and applied to restorative practices. Practitioners, academics and students who want to analyse and deconstruct ideas that support restorative justice will find that this book will be an invaluable resource for many years. -- Tim Chapman, Course Director, Ulster University Masters in Restorative PracticesIn this book, Belinda Hopkins has brought together an important set of contributions in this maturing field of enquiry. It is no mean feat to structure a book in a way that reflects the restorative principles and process itself, but in doing so, she has successfully opened up space for debates on key issues from a range of significant perspectives. This thought provoking book will be helpful to practitioners, trainers and students alike. -- Dr Gillean McCluskey, Head of Institute for Education, Community & Society, University of EdinburghThis new book is a valuable addition to the literature around restorative practice. Bringing together a range of contributors with experience of delivering restorative practice, and innovatively structured based around a restorative process, it examines restorative encounters from different perspectives and explores the ways in which successful outcomes may be achieved. Clear, accessible and interesting, this book is well worth reading for anybody interested in restorative practice. -- Jon Collins, Chief Executive Officer, Restorative Justice Council, UKTable of ContentsPreface. Introductory Check-in. 1 Affect and Script Psychology - Restorative Practice, Biology and a Theory of Human Motivation, Marg Thorsborne, Managing Director of Margaret Thorsborne and Associates (Queensland and London), Australia. 2 Attribution Theory, Juliet Starbuck, Chartered Educational Psychologist, Connect to Change Ltd and University College London, UK. 3 Critical Relational Theory, Dorothy Vaandering, Memorial University, St. John's, Newfoundland and Labrador, Canada. 4 Depth Psychology and the Psychology of Conflict, Ann Shearer, Jungian Analyst, UK. 5 Nonviolent Commmunication, Shona Cameron, Educational Psychologist, Falkirk Council, UK. 6 Personal Construct Approaches, Pam Denicolo, University of Reading, Emeritus Professor, University of Surrey, Consultant Professor on Doctoral Education, UK. 7 Towards a Relational Theory of Restorative Justice, Mark Vander Vennen, Shalem Mental Health Network, Canada. 8 Resonant Empathy, Pete Wallis, Senior Practitioner (Restorative Justice), Oxfordshire Youth Justice Service, UK. 9 A Social Constructionist Approach to Restorative Conferencing, Wendy Drewery, Faculty of Education, University of Waikato, Hamilton, New Zealand. 10 Transactional Analysis, Mo Felton, UKCP Registered Transactional Analyst Psychotherapist, Trainer and Supervisor and UKATA Registered Psychotherapist Trainer and Supervisor, UK. 11 Ten Different Ways to Approach a Restorative Encounter, Belinda Hopkins, Founder and Director of Transforming Conflict, UK. Closing Check-out.
£28.49
New Society Publishers The Art of Focused Conversation Second Edition
Book Synopsis
£21.24
Holo Books The Arbitration Press More Disputes and Differences: Essays on the
Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.
£34.00
Skyhorse Publishing Little Book of Youth Engagement in Restorative
Book SynopsisThe purpose of this book is to illuminate a theory of youth engagement in restorative justice that seeks to create systems change for more equitable schools. The authors define youth engagement in restorative justice as partnering with young people most impacted by structural injustice as changemakers in all aspects of restorative practices including community building, healing, and the transformation of institutions. Based on Adam Fletcher’s version of the Ladder of Youth Engagement, coupled with Barbara Love’s model of liberatory consciousness and an analysis of youth engagement in Restorative Justice in three different regions—Western Massachusetts, Oakland, and Houston—the authors provide a theoretical contribution: Youth Engagement in Restorative Justice grounded in liberatory consciousness. In this book readers will find: Comparative case studies from different parts of the country of youth led restorative justice programs. An exploration of the cultural and historical context of each region to situate the work. Stories from the authors' own lives that provide context for their interest in the work given their varied racial identities (White, Black, Latinx, South Asian) and upbringing. Literature review of the language of youth engagement vs. youth leadership/youth organizing/youth participation, along with a new definition of youth engagement in restorative justice. Theoretical framing based on Adam Fletcher’s Ladder of Youth Engagement , which provides a structure for the book. Exploration of how adults must combat adultism both individually and systematically as a prerequisite to doing this work. Student narratives. Applications of the work in the virtual context.
£7.63
University Press of America Mediation Conciliation and Emotions
Book SynopsisEmotions impact any practitioner of dispute resolution; yet, there are very few programs with courses that explore the emotional side of disputes. In Mediation, Conciliation, and Emotions, Peter Ladd outlines the emotions found in disputes and how these emotions function in dispute resolution. The book is divided into two parts: emotions and mediation, and emotions and conciliation. These parts examine the phenomenon of mediation, how to control emotions during mediation sessions, and how different disputes require different modes of emotional reconciliation. Mediation, Conciliation, and Emotions offers practical advice and information about the role of emotions in dispute resolution. It is an indispensable tool for practitioners of dispute resolution. Author Peter Ladd has developed a computer program which simplifies scoring of the Emotional Climate Inventory offered in the book''s Appendix. This program can be accessed via St. Lawrence University Graduate School of Education''s website at www.stlawu.edu/education.Trade ReviewPeter Ladd's Mediation, Conciliation, and Emotions expands the analysis of emotional content in a negotiation from the individual to the shared experience, exploring the establishment of "emotional climates" that arise between individuals and offering empirically based counsel for mediators and conciliators about how to help remedy undesirable emotional climates and create emotional climates more conducive to problem solving...Ladd teaches that when approaching a dispute, it may be as important to isolate the emotional quality of interaction between two people as it is to find out how each is feeling about the issue at hand. After providing the readers with tools to identify the emotional climates that form between disputants, Ladd offers detailed, empirically based advice for treating the various kinds of dysfunction that can arise in those climates. -- Erin Ryan * Negotiation Journal *Table of Contents1 Introduction 2 Part I: Emotions and Mediation; Chapter 1:The Phenomenon of Mediation; Chapter 2: Emotions and Mediation 3 Part II: Emotions and Conciliation; Chapter 3: Anger and Conciliation; Chapter 4: Resentment and Conciliation; Chapter 5: Revenge and Conciliation; Chapter 6: Apathy and Conciliation; Chapter 7: Guilt and Conciliation; Chapter 8: Egotism and Conciliation; 4 Appendices 5 Bibliography 6 Index
£51.30
HarperCollins Publishers Inc The Power of Conflict
Book Synopsis
£12.34
Oxford University Press International Commercial Arbitration in Sweden
Book SynopsisThis title covers all aspects of international commercial arbitration in Sweden which has long been a leading arbitral centre. Combining a practical approach with scholarly analysis, it provides the reader with in-depth knowledge about Swedish arbitration law as applied in international arbitrations.Table of Contents1: Introduction 2: Applicable Law 3: The Arbitration Agreement 4: The Arbitrators 5: Jurisdiction of the Arbitral Tribunal 6: The Procedure Before the Arbitral Tribunal 7: The Award 8: Setting Aside Arbitral Awards 9: Recognition and Enforcement of Arbitral Tribunals Appendices Swedish Arbitration Act (English translation) Rules of the Stockholm Chamber of Commerce UNCITRAL Arbitration Rules UNCITRAL Arbitration Rules (as revised in 2010) UNCITRAL Model Law on International Commercial Arbitration (1985) UNCITRAL Arbitration Rules (1976) New Set Asidelnvalidity Cases since 2011 New Jurisdictional Cases since 2011 New Enforcement Cases since 2011
£227.50
OUP Oxford Redfern and Hunter on International Arbitration
Book SynopsisThis leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students.
£235.00
Oxford University Press Arbitration
Book SynopsisVery Short Introductions: Brilliant, Sharp, InspiringArbitration is a legal dispute resolution mechanism, alternative to courts. It provides binding decisions, enforceable around the world. It is where parties take their disputes when they have agreed that courts, for one reason or another, do not suit them - which happens more often than one might think. Some of the most politically sensitive disputes on the largest scale go to arbitration. Countries which need to settle their boundaries in areas of the oceans rich in oil, gas and other resources sometimes arbitrate, and much of the war in Sudan was eventually tied up with an arbitration. Investors who have staked billions of dollars in unstable developing countries rely on arbitration clauses to protect their investments. But also much smaller, everyday cases are routinely dealt with by arbitration - millions of consumers, whether they know it or not, enter into arbitration contracts when they conclude routine transactions. Even athletes get involved in arbitration cases of great notoriety, for instance when these relate to doping offences during the Olympic Games.This Very Short Introduction explains what arbitration is, how it works, what parties who have agreed to go to arbitration should expect, the relationship between arbitration and the law, and the politics of arbitration. It also considers where the global system of arbitration is headed. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Table of ContentsPrologue 1: Where does arbitration come from? 2: How does arbitration work? 3: From financial crises to doping disputes: "I will see you in... arbitration!" 4: Arbitration and the law 5: The geopolitics of arbitration against governments 6: Where is arbitration going? References Further Reading Index
£9.49
Oxford University Press The Sale of Goods
Book SynopsisThe fourth edition of this established and highly-regarded work is the most systematic study available of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation.A distinguishing feature of the work is the depth of treatment of problem areas, providing clarity on the law. It provides full coverage of content, interpretation and performance issues relating to sale of goods agreements. The book also addresses the relevant aspects of consumer law, as well as issues such as recoverability of damages, currency and interest.The work has been updated in its fourth edition to cover all recent developments in caselaw, most notably The Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23 which has given rise to a new category of contract: the sui generis supply contract, for which no statutory model yet exists. Also examined in depth is the Consumer Rights Act 2015, which has profoundly affected the structure of sales law and, in a number of key instances, has also affected the substance of the law.This work remains the leading work of scholarship and an invaluable reference for all practitioners and scholars working in the field.Table of Contents1: Introduction and Conclusion of the Contract 2: Definition and Subject Matter of the Sale of Goods Contract 3: The Passing of Property 4: Risk, Mistake, and Frustration 5: The Seller's Duty and Power to Transfer Title 6: Delivery, Acceptance, and Payment 7: The Implied Terms of Description, Fitness, and Quality 8: Other Liabilities of the Seller and Liabilities of Third Parties 9: Unfair Contract Terms 10: Termination of the Contract for Breach 11: The Remedies of the Seller and the Buyer I 12: The Remedies of the Seller and the Buyer II
£310.00
Oxford University Press The Jackson ADR Handbook
Book SynopsisProvides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.Trade ReviewReview from previous edition A first-class and fundamental practitioner publication ... Now, with the benefit of a few years' hindsight on the implementation of 'the Jackson reforms' which are rightly seen as wholly constructive procedural necessities, this new edition 'builds on the success of the first edition to provide an updated guide to all aspects of ADR'. * Phillip Taylor and Elizabeth Taylor, Richmond Green Chambers. *
£47.49
Oxford University Press, USA Res Judicata Estoppel and Foreign Judgments
Book SynopsisThis clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely: (i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgments recognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed Hague Convention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and techniTrade ReviewThe preclusive effect of foreign judgments in international law is a veritable minefield for lawyers. But given the exponential rise in transnational litigation in recent years, it is a subject which more and more practitioners are having to come to grips with. This book promises to be a formidable weapon in the armoury of such practitioners. ... attempts to unravel many of the mysteries surrounding this branch of the law. * Journal of the Commonwealth Lawyers' Association 2001 *The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. * New Law Journal, 15 Feb 2002 *This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. * Law Quarterly Review, 1 Apr 2002 *a welcome addition to the [Oxford monographs in private international law] series, and ... in many ways ground breaking ... It will be a valuable addition to the library of the international commercial lawyer. * Gavin McFarlane, New Law Journal, February 2002 *Table of ContentsI: INTRODUCTION ; II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES ; III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS ; IV: CONCLUSION
£163.62
Oxford University Press International Arbitration Law and Practice in
Book SynopsisThis book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertiseTrade ReviewPractitioners in Switzerland and abroad will find the book to be a valuable addition to existing literature on international commercial arbitration in Switzerland owing to the authors clinical focus on the practice, procedure and case-law of the Swiss Federal Tribunal. The book reaffirms Switzerlands place as one of the most arbitration friendly jurisdictions and is likely to encourage practitioners to recommend Switzerland as a probable seat for arbitration to their clients. In any event, the book is an excellent resource for the study of international arbitration for novices and experienced hands alike. * ASA Bulletin, 1/2016 *With a harmony rare in the world of legal scholarship, this thoughtful treatise provides a superb balance of the general and the specific, taking Swiss law as a prism through which to separate key themes in arbitrations juridical framework. Robust analysis gracefully weaves concrete illustrations into clear elaboration of broader principles. Counsel will find answers to questions encountered in practice, while scholars cannot fail to discover deeper understanding of doctrinal dilemmas now facing cross-border dispute resolution. * Professor William W. Park, Boston University. President, London Court of International Arbitration. General Editor, Arbitration International. *The product of two brilliant professors, accomplished arbitrators and experienced counsel. * Pierre Tercier, Emeritus Professor, University of Fribourg, Switzerland. Former and Honorary Chairman, ICC International Court of Arbitration. *Its clear structure and the authors' fund of knowledge on the subject-matter make this book an excellent source of information for all users. * Dr. Georg von Segesser, Counsel, Schellenberg Wittmer, Zurich; FCIArb. *Vital and accessible, an indispensable reference guide for anyone interested in arbitral matters. * Professor Philippe Sands QC, University College London, Matrix Chambers. *In a single, immensely readable volume, the authors provide not only a comprehensive and authoritative account of Swiss international arbitration law, but one that is thoroughly informed by comparative as well as international sources. We thus have in this work an indispensable source of learning about a jurisdiction of fundamental importance in the world of international arbitration presented in as cosmopolitan a fashion as possible. * Professor George Bermann, Director, Center for International Commercial and Investment Arbitration, Columbia University. Editor-in-Chief, American Review of International Arbitration. *Table of ContentsIntroduction ; 1. The Concept and Sources of Arbitration ; 2. The Law Governing Arbitration ; 3. The Arbitration Agreement ; 4. The Arbitral Tribunal ; 5. The Arbitral Tribunal's Jurisdiction ; 6. The Proceedings Before the Arbitral Tribunal ; 7. The Law Applicable to the Merits of the Award ; 8. The Challenge, Recognition, and Enforcement of Arbitral Awards ; Bibliography
£315.88
Oxford University Press Cross Examination in International Arbitration
Book SynopsisOpportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, needs to know wTable of ContentsPART 1: BACKGROUND; PART 2: THE NINE BASIC PRINCIPLES; PART 3: CONCLUDING REMARKS
£63.75
The University of Chicago Press Punitive Damages How Juries Decide
Book SynopsisThis volume asks how juries actually make decisions about punitive damages. Specialists in psychology, economics and law present new data gathered from over 600 controlled experiments which documents a range of systematic bias in jury behaviour.
£30.40
The University of Chicago Press Law in Everyday Japan Sex Sumo Suicide and
Book SynopsisLawsuits are rare events in most people's lives. And high-stakes cases are even less commonplace. Why is it, then, that scholarship concerning the Japanese legal system has focused almost exclusively on big topics like corporate law and large-scale social issues? Mark D.Trade Review"This book is a potential blockbuster in the field of Japanese law. Mark West attacks several obscure but sexy topics to help explain the many ways that culture and society mix with law in Japan. The result of a massive amount of original research, it is also written in an entertaining and engaging way." - Frank K. Upham, New York University School of Law"
£26.60
West Academic Alternative Dispute Resolution in a Nutshell
Book SynopsisPresents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration.
£46.50
Sweet & Maxwell Ltd Civil Fraud
Book Synopsis
£89.00
Sweet & Maxwell Ltd Bullen Leake Jacobs Precedents of Pleadings
Book Synopsis
£98.22
Sweet & Maxwell Ltd Class Actions in England Wales
Book SynopsisEssential reference on class actions and class action litigation in England & Wales covering various types of class action, procedures and funding, conduct, trial and settlement, drawing on applicable procedural rules, case law, comparative analysis and the authors own experience of class action litigation.
£251.00
The University of Michigan Press The Impossible Machine
Book SynopsisTraces the origins of South Africa’s Truth and Reconciliation Commission to two well-established instruments of colonial and imperial governance: the jurisprudence of indemnity and the commission of inquiry. The TRC’s genius, he contends, is its innovative adaptation of colonial law, sovereignty, and government.
£68.95
University of California Press Interstate Arbitrations in the Greek World 33790
Book SynopsisArbitration and mediation were central institutions in Hellenistic public life. This study brings together literary and epigraphical sources on arbitration, presenting documents ranging from the settlement of a minor territorial squabble to the resolution of major conflicts.
£56.00
American Negotiation Institute LLC Finding Confidence in Conflict
Book Synopsis
£16.72
Bwg Business Solutions The Pink Elephant A Practical Guide to Creating
Book Synopsis
£14.24
Penguin Publishing Group Negotiating While Black
Book Synopsis
£22.50
Aspen Publishers Inc.,U.S. Dispute Resolution Examples Explanations
Book Synopsis
£40.72
Lexington Books The Ganja Complex
Book SynopsisIn The Ganja Complex Ansley Hamid skillfully welds together two decades of ethnographic research on marijuana in the Caribbean and the United States. Hamid juxtaposes an in-depth study of the spread of Rastafari in the 1970s with an examination of the rise of an international marijuana economy. This revisionist work departs radically from previous scholarship by identifying Rastafari, not as a messianic or millenarian cult, but as a participant in the essential functions of a community''s overall economic life. It demonstrates how Rastafari has revitalized third-world economies using indigenous resources, capital, and talent, and documents the internationalization of the 5000-year-old Asian pattern of marijuana usecentered about worship of the Hindu god Shivathat is the ganja complex.Table of ContentsChapter 1 Use-Complexes and the Ganja Complex Chapter 2 Reviving the Ganja Complex: The Crisis of Caribbean African Youth in San Fernando, Trinidad in the 1960s. Chapter 3 How the Ganja Complex was Diffused Chapter 4 Religion and Ritual in the Ganja Complex Chapter 5 The Ganja Complex, Rastafari, Public Opinion, and Law Enforcement Chapter 6 The Ganja Complex in Brooklyn: The Rise and Fall of the Marijuana Complex and the Advent of Cocaine Chapter 7 The Ganja Complex versus Other Marijuana Use-Complexes: Ganja vs. Madi-juana Chapter 8 The Informal Economy Chapter 9 U.S.—Caribbean Drug Connections
£85.50
Hamilton Books Mediation and Strategic Change Lessons from
Book SynopsisIn the spring of 2000, the Israel Medical Association called a doctors'' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the negotiation table; lawyers; the mindset of the mediator; and confidentiality. This case study will provide guidance and insights to disputants, lawyers, negotiators, mediators, ADR practitioners and researchers, and government officials. The study can also be used as a classroom text for classes in industrial relations, health care, government, communications, law, and economics.Table of ContentsPart 1 Preface Chapter 2 Introduction Chapter 3 The Landscape Chapter 4 Entry into the Mediation Chapter 5 Putting the Act Together Chapter 6 The Opening Session Chapter 7 Learning about the Dispute Chapter 8 Post-Seminar Mediation Chapter 9 The Ideas that Matter Chapter 10 The Power of New Ideas Chapter 11 The Crisis: We were Leaving Chapter 12 Back to Study Chapter 13 The Mediation Resumed Chapter 14 Helping the IMA Accept the Proposed Settlement Chapter 15 Drafting—The Lawyer's Week Chapter 16 Last-Minute Side-Table Mediation—The Interns Chapter 17 The Grand Finale—Signing the Agreement Chapter 18 Concluding Insights, Notes and Discussions Part 19 Epilogue Part 20 Index
£31.50
University Press of America Western and Chinese Arbitration The Arbitral
Book SynopsisSeasoned businesspeople, especially those engaged in international business, are keenly aware of the fact that no matter how pleasant their pre-arrangement business courtship has been post-arrangement disputes may occur. While some disputes may be settled amicably, other resolutions leave the parties unsatisfied due to prolonged and costly litigation. Dr. Arthur J. Gemmell asserts that an understanding of the international arbitral system will enrich and sustain business while serving as a viable avenue for commercial dispute resolution. To explore the arbitral system, Dr. Gemmell uses the Chinese and Western arbitral systems, past and present, in order to understand what can be accomplished from their examples and errors. The term ''arbitral chain'' refers to the linkage of one arbitral era to another. It is as essential term in the understanding of how successive eras built or modified the standards of arbitration on what had worked in the past.Table of ContentsChapter 1 Introduction Chapter 2 Commercial Dispute Resolution without Litigation Chapter 3 The Arbitration of Greece and Rome Chapter 4 The Lex Mercatoria Chapter 5 The Arbitral Chain and the Common Law Chapter 6 Chinese History and the Arbitral Chain Chapter 7 The Modern PRC and the Arbitral Chain Chapter 8 Chinese Arbitral Enforcement Practices and the Arbitral Chain Chapter 9 The Sinicization of the Expedient Part 10 Table of Public Laws/Statutes and Rules Part 11 Table of Authorities Part 12 About the Author
£39.60
Hamilton Books Mediation and Strategic Change Lessons from
Book SynopsisIn the spring of 2000, the Israel Medical Association called a doctors'' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the negotiation table; lawyers; the mindset of the mediator; and confidentiality. This case study will provide guidance and insights to disputants, lawyers, negotiators, mediators, ADR practitioners and researchers, and government officials. The study can also be used as a classroom text for classes in industrial relations, health care, government, communications, law, and economics.Table of ContentsPart 1 Preface Chapter 2 Introduction Chapter 3 The Landscape Chapter 4 Entry into the Mediation Chapter 5 Putting the Act Together Chapter 6 The Opening Session Chapter 7 Learning about the Dispute Chapter 8 Post-Seminar Mediation Chapter 9 The Ideas that Matter Chapter 10 The Power of New Ideas Chapter 11 The Crisis: We were Leaving Chapter 12 Back to Study Chapter 13 The Mediation Resumed Chapter 14 Helping the IMA Accept the Proposed Settlement Chapter 15 Drafting—The Lawyer's Week Chapter 16 Last-Minute Side-Table Mediation—The Interns Chapter 17 The Grand Finale—Signing the Agreement Chapter 18 Concluding Insights, Notes and Discussions Part 19 Epilogue Part 20 Index
£63.00
Carolina Academic Press Understanding Alternative Dispute Resolution Carolina Academic Press Understanding
£39.40
University of British Columbia Press Compulsory Compassion
Book SynopsisOften touted as the humane and politically progressive alternative to the rigid philosophy of retributive punishment that underpins many of the world's judicial systems, restorative justice aspires to a theoretical and practical reconciliation of the values of love and compassion with justice and accountability. Emotionally seductive, the rhetoric of restorative justice appeals to a desire for a right relation amongst individuals and communities, and offers us a vision of justice that allows for the mutual healing of victim and victimizer, and with it, a sense of communal repair.In Compulsory Compassion, Annalise Acorn, a one-time advocate for restorative justice, deconstructs the rhetoric of the restorative movement. Drawing from diverse legal, literary, philosophical, and autobiographical sources, she questions the fundamental assumptions behind that rhetoric: that we can trust wrongdoers' capacity for meaningful accountability and respectful community, and that weTable of ContentsAcknowledgments1 The Seductive Vision of Restorative Justice: Right-Relation, Reciprocity, Healing, and Repair2 “Essentially and Only a Matter of Love”: Justice and the Teachability of Universal Love3 Three Precarious Pillars of Restorative Optimism4 Sentimental Justice: The Unearned Emotions of Restorative Catharsis5 “Lovemaking Is Justice-Making”: The Idealization of Eros and the Eroticization of Justice6 Compulsory Compassion: Justice, Fellow-Feeling and the Restorative Encounter7 Epilogue. Restorative Utopias: “The Fire with Which We Must Play”?NotesReferencesIndex
£26.99
University of British Columbia Press Intercultural Dispute Resolution in Aboriginal
Book SynopsisIn the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and resolved in formal legal settings and with an adversarial spirit, more conciliatory approaches negotiation, mediation, problem-solving, and arbitration are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes.The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet'suwet'en, Tsuu T'ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres StraitTable of ContentsForeword / Paul ChartrandAcknowledgmentsIntroduction / David Kahane and Catherine BellPart 1: Theoretical Perspectives1 Learning New Dances: Finding Effective Ways to Address Intercultural Disputes / Michelle LeBaron2 What is Culture? Generalizing About Aboriginal and Newcomer Perspectives / David Kahane3 Perceiving the World Differently / Dale Turner4 Paths to Intercultural Understanding: Feasting, Shared Horizons, and Unforced Consensus / Natalie Oman5 Commentary: When Cultures Collide / Julie MacFarlanePart 2: International Contexts6 Navajo Peacemaking and Intercultural Dispute Resolution / Chief Justice Robert Yazzie7 Cultural Conflict in Colonial Legal Systems: An Australian Perspective / Larissa Behrendt8 The Waitangi Tribunal’s Role in the Dispute Resolution of Indigenous (Maori) Treaty Claims / Morris Te Whiti Love9 Commentary: Indigenous Dispute Settlement, Self-Governance, and the Second Generation of Indigenous Rights / Jeremy WebberPart 3: Canadian Contexts10 Weche Teachings: Aboriginal Wisdom and Dispute Resolution / Elmer Ghostkeeper11 Who Gets to Say What Happened? Reconciliation Issues for the Gitxsan / Val Napoleon12 Reconciliation Devices: Using the Trust as an Interface Between Aboriginal and State Legal Orders / Richard Overstall13 Parallel Justice Systems, or a Tale of Two Spiders / Dale Dewhurst14 Commentary: Reconciling Our Memories in Order to Re-Envision Our Futures / N. Bruce DuthuPart 4: Issues of Design and Implementation15 Indigenous Dispute Resolution Systems Within Non-Indigenous Frameworks: Intercultural Dispute Resolution Initiatives in Canada / Catherine Bell16 What’s Old is New Again: Aboriginal Dispute Resolution and the Civil Justice System / Diana Lowe and Jonathan H. Davidson17 The Dispute Resolution Provisions of Three Northern Land Claims Agreements / Nigel Bankes18 Commentary: Intercultural Dispute Resolution Initiatives Across Canada / Andrew PirieConclusion19 A Separate Peace: Strengthening Shared Justice / John BorrowsContributorsIndex
£31.50
University of British Columbia Press Negotiating Buck Naked
Book SynopsisSoon after the arrival of Doukhobors to British Columbia, new immigrants clashed with the state over issues such as land ownership, the registration of births and deaths, and school attendance. As positions hardened, the conflict, often violent, intensified and continued unabated for the better part of a century, until an accord was finally negotiated in the mid-1980s.Table of ContentsAcknowledgmentsOrganizations and Acronyms1 Introduction2 Deconstructing the Discourse of Conflict and Culture3 Auto-Narrative4 Competing Narratives5 Negotiating a New Narrative6 Rendering the Past into Meaning7 Turning Points of Reason8 Conflict and Terrorism: Lessons for the PractitionerAppendicesA Survey of Bombings and BurningsB Doukhobor Groups and RepresentativesC EKCIR MembersD Rules of Procedure Notes References Index
£25.19
University of British Columbia Press The New Lawyer Second Edition How Clients Are
Book SynopsisThe New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.Table of ContentsForeword / Kari Boyle and Jennifer Muller1 Changes in the Legal Profession and the Emergence of the New Lawyer2 The Making of a Lawyer: How Professional Identity Develops3 What Lawyers Believe: Three Key Professional Beliefs4 Legal Negotiations5 The New Advocacy6 The Lawyer/Client Relationship7 The Shadow of the Law8 Ethical Challenges for the New Lawyer9 Where the Action Is: Sites of ChangeEpilogueNotes, Index
£26.99
University of British Columbia Press The New Lawyer Second Edition
Book SynopsisThe New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.Table of ContentsForeword / Kari Boyle and Jennifer Muller1 Changes in the Legal Profession and the Emergence of the New Lawyer2 The Making of a Lawyer: How Professional Identity Develops3 What Lawyers Believe: Three Key Professional Beliefs4 Legal Negotiations5 The New Advocacy6 The Lawyer/Client Relationship7 The Shadow of the Law8 Ethical Challenges for the New Lawyer9 Where the Action Is: Sites of ChangeEpilogueNotes, Index
£67.15
McFarland & Company Arbitration Strategy for Labor and Management
Book SynopsisProviding guidance for labor and management advocates, this resource guide contains a practical analysis of arbitration from the participant side with a view to avoiding the problems and pitfalls of the process. It provides detailed guidelines for presenting an organization's position effectively, and discusses important principles and practices.
£32.39
Moody Publishers Making Things Right at Work
Book Synopsis
£13.29
University of Nebraska Press Slipping Backward
Book SynopsisThis history explores the court through the work of the four men who greatly influenced and led it: Robert G. Simmons (1938-63, the first modern chief justice), Paul White (1963-78), Norman Krivosha (1978-87), and William C. Hastings (1987-95).Trade Review“[A] book-length . . . review of decisions, judgments and trends during 57 consecutive years of Nebraska Supreme Court life really is a noteworthy and valuable publication. . . . There’s really a lot here, either to be learned or to stir memory.”—Dick Herman, Lincoln Journal Star“This readable and entertaining book is the first history written about the Nebraska Supreme Court. . . . It is a must-read for lawyers and judges, particularly those who lived and practiced during any of the fifty-eight years reviewed. It is a very informative and instructive read for non-lawyers who are interested in a witty and well-researched discussion of Nebraska’s legal and political history.”—Samuel Van Pelt, The Nebraska Lawyer“Rich detail about cases and personalities that would appeal to lay readers.”—Michael Kelly, Omaha World-Herald"Slipping Backward provides an excellent addition to the scholarship of state supreme courts and is the first major work dedicated to a state supreme court of the Great Plains."—Peter J. Longo, Western Historical Quarterly"An excellent storyteller, Jim Hewitt plumbs judicial personality and the knotty problems faced by the court. His experience as lawyer, historian, Nebraska State Bar Association president, and his service on the American Bar Association's Committee on the Federal Judiciary and as commissioner of a Supreme Court Nominating Commission uniquely qualify him to tell the Nebraska Supreme Court's story."—Cloyd Clark, Great Plains Research
£18.99
