Comparative dispute resolution / edited by Maria Federica Moscati, Michael Palmer, Marian Roberts.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Moscati, Maria Federica, editor.

Palmer, Michael, editor.

Roberts, Marian, 1943- editor.

Series:

Research handbooks in comparative law.

Research handbooks in comparative law

Language:

English

Subjects (All):

Dispute resolution (Law).

Physical Description:

1 online resource (608 pages).

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, [2020]

Summary:

"Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their 'modernisation'. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations. Showcasing opportunities for new research and debate, Comparative Dispute Resolution will be helpful to practitioners and those engaged in the practise of handling disputes. Students and scholars in disciplines such as law, sociology, politics and psychology will also find this topical Research Handbook useful in their understanding of the theory and practice of disputing and dispute management, legal reform and enhanced access to justice"-- Provided by publisher.

Contents:

Contents: [a] Introductory

1. Introduction / Maria Federica Moscati, Michael Palmer and Marian Roberts

[b] Disputes

2. Restorative responses to intimate partner violence / Donna Coker

3. Dispute avoidance / Fiona Cownie and Anthony Bradney

4. Conflict analysis and conflict intervention: Do theoretical understandings of conflict shape conflict intervention approaches? / Joseph P. Folger

5. Violence / Michael Palmer

[c] Negotiation

6. The opening statement in mediation: A goffman analysis / Debbie de Girolamo

7. (mindfully) negotiating around 'lies': The science of nonverbal communication for 'soft' and 'hard' cultures / Clark Freshman

8. The negotiative function of law in international dispute resolution / Amy Kellam

9. Negotiating within legal ambiguity: Same-sex partners, family disputes and negotiation in Italy / Maria Federica Moscati

10. Rethinking analysis of homelessness applications: The role of negotiation and disputing behaviour / Patricia NG

[d] Mediation

11. Through the looking glass: Exploring the regulatory-ethical eco-system for mediation / Nadja Alexander

12. Square pegs and round holes: The divergent roles of lawyers and mediators / Lesley Allport

13. Elder mediation: An emerging field of practice / Dale Bagshaw

14. Mediator styles / Kenneth Kressel

15. Mediation privilege / Gary Meggitt

16. Mediation processes / Linda Mulcahy

17. Gulliver's cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice. / Marian Roberts

18. Personae non grata: Interpreters in mediation / Brooke Townsley

19. Civil case mediation in the United States / James A. Wall

[e] Umpiring: adjudication, arbitration & litigation

20. Judicial conflict resolution (jcr) in Italy, Israel and England and Wales: a comparative look on the regulation of judges' settlement activities / Michal Alberstein & Nourit Zimerman

21. Arbitration in comparative perspective / Gu Weixia

22. Courts and dispute resolution in Japan / John Haley

23. Algorithmic justice: Dispute resolution and the robot judge? / John Morrison & Adam Harkens

24. Regulating the cost of access to justice in environmental matters in the member states of the European Union / Áine Ryall

25. Unrepresented parties as "professionals" in China's consumer dispute processes / Zhou Ling

[f] Mixed processes and hybrid systems

26. The role of ombuds : a comparative perspective / Naomi Creutzfeldt

27. Alternative dispute resolution through restorative justice: An integrated approach / Theo Gavrielides

28. Hybrid and mixed dispute resolution processes: Integrities of process pluralism / Carrie Menkel-Meadow

29. Regulatory regime for online dispute resolution (odr): Current forms and future development / ZHAO Yun

[g] Changing cultures, changing systems

30. Mediation in the Russian federation / W. E. Butler

31. Transplants, re-use, and adaptation: Voluntarism in the Irish mediation act 2017 as a comparative undertaking / Aonghus Cheevers

32. Restoring the national convivencia through transitional justice: The chilean case / Anita Ferrara

33. Dispute resolution processes in Islamic cultures / Mohamed M Keshavjee

34. Dispute resolution in south korea / Dohyun Kim & Chul-woo Lee

35. "different spaces, different laws": The role of state forums in non-state dispute processing in India / Kalindi Kokal

36. Shifts in dispute resolution processes of West African states / Emelia Onyema

37. The art of mediation: Law and rhetoric in medieval tibet / Fernanda Pirie

38. Local law and dispute resolution mechanisms under negotiation in emerging south sudan / Katrin Seidel

39. Commercializing alternative dispute resolution processes in resolving financial disputes in China / Shen Wei

Index.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78643-303-6