A History of Alternative Dispute Resolution

A History of Alternative Dispute Resolution
Author: Jerome T. Barrett
Publisher: John Wiley & Sons
Total Pages: 330
Release: 2004-10-19
Genre: Law
ISBN: 0787975427

A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

A History of Alternative Dispute Resolution

A History of Alternative Dispute Resolution
Author: Jerome T. Barrett
Publisher: Jossey-Bass
Total Pages: 348
Release: 2004-08-05
Genre: Business & Economics
ISBN:

A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

Alternative Dispute Resolution in Tanzania

Alternative Dispute Resolution in Tanzania
Author: J. Mashamba
Publisher: African Books Collective
Total Pages: 226
Release: 2014-09-02
Genre: Law
ISBN: 998775354X

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

Understanding Alternative Dispute Resolution

Understanding Alternative Dispute Resolution
Author: Kristen M. Blankley
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781531028909

Understanding Alternative Dispute Resolution provides a comprehensive overview of the field of Alternative Dispute Resolution ("ADR"). The treatise covers the major ADR processes, including client counseling, negotiation, mediation, arbitration, and collaborative law, and addresses legal, practical, and ethical aspects of each process. This title provides a framework for selecting the most appropriate dispute resolution process and will assist attorneys, law students, neutrals, and parties in conflict in effectively addressing, managing, and resolving disputes. The second edition of this treatise provides important updates on how technology has changed the practice of all forms of ADR. These changes are both practical, discussing how professionals use technology to enhance their practice, and legal, outlining ethical considerations for online dispute resolution. The second edition also provides legal updates throughout, particularly in the chapters dealing with arbitration.

Skills and Values

Skills and Values
Author: John Burwell Garvey
Publisher:
Total Pages: 284
Release: 2021
Genre: Communication in law
ISBN: 9781531022921

"Skills & Values: Alternative Dispute Resolution is designed to give students both theory and practical application for the skills and values which come into play during the various forms of alternative dispute resolution, including negotiation, mediation, collaborative law and arbitration. It may be successfully used as a stand-alone course book or as a practical supplement to a standard text. Each chapter focuses on a different aspect of the dispute resolution process. The idea is to read the material and then test and develop knowledge through exercises and simulations"--

A Practical Approach to Alternative Dispute Resolution

A Practical Approach to Alternative Dispute Resolution
Author: Susan Blake
Publisher: Oxford University Press, USA
Total Pages: 640
Release: 2012-08-16
Genre: Law
ISBN: 0199644985

A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Essentials of Alternative Dispute Resolution

Essentials of Alternative Dispute Resolution
Author: Susan Patterson
Publisher: Prentice Hall
Total Pages: 0
Release: 2001
Genre: Arbitration and award
ISBN: 9780929563633

Using step-by-step walkthroughs and case studies of typical ADR sessions--negotiation, mediation, arbitration--this book provides readers with a broad understanding of ADR, along with important background information, historical perspectives and "tricks of the trade" in this fast-growing field. It covers each ADR method, how it works, when and where it can be used, its advantages and disadvantages, and its relationship to litigation. Includes comparative/descriptive charts. Negotiation. Mediation. Mediation Law and Policy. Arbitration. Strategies for Settlement. Application of ADR to Specific Disputes. The Role of the Paralegal in ADR. For Paralegals.

Alternative Dispute Resolution

Alternative Dispute Resolution
Author: Albert Fiadjoe
Publisher: Routledge
Total Pages: 191
Release: 2013-03-04
Genre: Law
ISBN: 1135332096

This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Formalisation and Flexibilisation in Dispute Resolution

Formalisation and Flexibilisation in Dispute Resolution
Author: Joachim Zekoll
Publisher: Martinus Nijhoff Publishers
Total Pages: 424
Release: 2014-09-25
Genre: Law
ISBN: 9004281177

Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.