基本説明
This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, the author turns her attention to the future of conflict resolution.
Full Description
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.
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.
