Law in Context: Dispute Processes: ADR and the Primary Forms of Decision-Making
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Law in Context: Dispute Processes: ADR and the Primary Forms of Decision-Making

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Description

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.
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Product details

  • Paperback | 408 pages
  • 152 x 229 x 23mm | 600g
  • Cambridge, United Kingdom
  • English
  • Revised
  • 2nd Revised edition
  • 0521676010
  • 9780521676014
  • 758,140

Table of contents

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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Review quote

Dispute Processes: ADR and the Primary Forms of Decision-Making makes interesting reading for any dispute resolution practitioners. It is also an excellent academic account of the key principles and their context. ... the underlying message is clear: a negotiator who knows the tools of decision making will achieve better results than those who do not know them.' Student Law Journal
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About Michael Palmer

Professor of Law, Department of Law, London School of Economics. Professor of Law and Chair of the Centre of East Asian Law, Department of Law, School of Oriental and African Studies (SOAS) , University of London.
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