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The Discourses of Dispute Resolution

The Discourses of Dispute Resolution
Author: Vijay Kumar Bhatia
Publisher: Peter Lang
Total Pages: 304
Release: 2010
Genre: Dispute resolution (Law)
ISBN: 9783034304764

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This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.


Affective legal analysis

Affective legal analysis
Author: Frank Fleerackers
Publisher: Duncker & Humblot
Total Pages: 216
Release: 2019
Genre: Law
ISBN: 9783428490493

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Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.


Alternative Dispute Resolution and Domestic Violence

Alternative Dispute Resolution and Domestic Violence
Author: Dafna Lavi
Publisher: Routledge
Total Pages: 443
Release: 2018-05-11
Genre: Law
ISBN: 1351104462

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Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of ‘alternative justice’ and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.


Facts, Issues, Options and Solutions

Facts, Issues, Options and Solutions
Author: Ralph Steele
Publisher: Xulon Press
Total Pages: 512
Release: 2013-05
Genre: Law
ISBN: 9781624199967

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John Crowell Businessman, Tuscaloosa, Al Dr. Steele's book is an amazing perspective on how mediation and law collectively can help parties resolve simple and complex legal disputes. His book using the theory of facts, issues, options & solutions lends mediators the best of legal method to develop their mediation case theory in managing the dynamics of mediation cases that has clogged our judicial court system. Now the American people have a definite alternative to collaborate and resolve their legal case with the assistance of an impartial third party. This book also is excellent for everyday people in resolving common mutual issues that divide people rather than bring unity and community. Facts, Issues, Options & Solutions will have an indelible impact on civil discourse in America. Dr. Brenda Stanton Deener Nurse Practitioner, Memphis, Tenn This is an excellent book written by Dr. Steele. Mediation and is indeed a form of law that even common citizens can come to the table with the assistance of a mediator to facilitate and evaluate both parties facts and issues. The decisions that both of them make they can live with and at the end of the day resolve to an agreement that is worthy of their signatures and is enforceable in a court of law. This book heralds a mediation perspective that pre-mediation and early assessment of the legal issues, communications issues, the financial issues, and the psychosocial issues can collaboratively be resolved into a mediation settlement agreement with the same legal basis of a court trial because it's an agreement between two or more parties who made them with sound mind and body.


Alternative Dispute Resolution (adr)

Alternative Dispute Resolution (adr)
Author: Olajide Olagunju
Publisher:
Total Pages: 185
Release: 2017-04-23
Genre:
ISBN: 9781521127308

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In addition to treating related topics such as Negotiation and Communication, Alternative Dispute Resolution (ADR) "explains the mediation process and includes information that is not often discussed in writings in this area of study. The book both explains and summarizes the positive, beneficial aspects of mediation as an alternative to litigation, arbitration and other forms of legal settlement, which can often lead to antagonistic outcomes. The book gives good explanations and examples of how and why mediation allows for the possibility of satisfactory results for both sides, laying the groundwork for opportunities that can grow out of the fertile soil of amicable resolution. The approach of emphasizing how mediation helps to focus on a solution, rather than the strengths and weaknesses of a case was most effective, as it assists the reader in better understanding why it is important, and how it is possible to gain mutually agreeable solutions." -Ambassador John W. McDonald, Co-author, Multi-Track Diplomacy. Chairman, Institute for Multi-Track Diplomacy (Adapted from review to previous edition -"Conflict Management - the Mediatory Approach" (1998)


The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution

The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution
Author: Dr Michael Schneider MD Ms-
Publisher: Michael Schneider, MD Ms-Adr
Total Pages: 296
Release: 2018-06-04
Genre:
ISBN: 9780692136058

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This manual succinctly distills academic principals of alternative dispute resolution and conflict engagement for the healthcare provider, teaching critical information needed by every medical technician, nurse, doctor and administrator. The manual is both a reference and action tool for skills development, providing guidelines, methods, techniques and simple reproducible outlines to master communication. The provider will succeed in managing daily disagreements between staff, partnership conflicts, struggles with high conflict personalities, medical business contract negotiations, and tort claims management. This information is necessary for all medical practitioners, from student through seasoned provider, regardless of their roles and responsibilities in the medical organization. The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution improves the quality of deliverable medical outcomes, patient safety and communication after adverse events. Implementation of these skills by the reader rewards the practitioner's sense of harmony and professional fulfillment. In a healthcare system dynamically changing and embroiled in complex and protracted conflict, the professional who incorporates these guidelines will control difficult conversations as a leader, artfully influencing the behavior of their opponents in a dispute, accomplishing the mission and vision of the Provider. These leadership skills extend into every aspect of professional relationships for medical technicians, nurses, mid-levels, physicians, and healthcare administrators. Any practitioner involved in or concerned about disclosing an adverse event or outcome to a patient and family, a medical malpractice lawsuit, a medical or specialty board inquiry through a licensing agency, or a medical staff challenge of competency, must read this book. All providers named as a party to a mediation or arbitration should reference this text for insight and guidance during these legal proceedings. These actions have a significant impact on our clinical practices and our ability to practice medicine. This all-inclusive resource is the only book the medical practitioner will need to navigate difficult conversations and become empowered during negotiations of contracts, tort claim lawsuits, and business disputes that interrupt the providers ability to practice safe and compassionate medicine.


Legal Discourse across Cultures and Systems

Legal Discourse across Cultures and Systems
Author: Vijay K. Bhatia
Publisher: Hong Kong University Press
Total Pages: 355
Release: 2008-01-01
Genre: Language Arts & Disciplines
ISBN: 9622098517

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What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.