Dispute Processes: ADR and the Primary Forms of Decision-MakingThis 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. |
Contents
Introduction | 1 |
Precursors to | 9 |
The Debates Around Civil Justice and the Movement | 45 |
The Subsequent Trajectory of the ADR Movement | 65 |
Reiterating the Critiques of Informalism | 76 |
Disputes and Dispute Processes | 79 |
Negotiations | 113 |
Mediation | 153 |
Shape of Mediation | 172 |
Umpiring | 221 |
Hybrid Forms and Processual Experimentation | 277 |
The Trajectory of Alternative Dispute Resolution | 359 |
| 365 | |
| 379 | |
Other editions - View all
Dispute Processes: ADR and the Primary Forms of Decision Making Michael Palmer,Simon A. Roberts No preview available - 1998 |
Common terms and phrases
achieve adjudication administrative adversarial adversary system agreement Alternative Dispute Resolution appeal approach Arusha authority bargaining child custody civil justice Civil Procedure claims client commercial common law world concern conduct conflict context costs court cultural decision decision-making dispute processes encourage ethics evaluation example Extract facilitate family mediation formal Georg Simmel go-between grievance groups Gulliver identified important individual informal justice institutionalised institutions interests intervention involved issues judges judgment judicial Law Review lawyers legal system litigation Lord Woolf matter mediation process mediator's negotiations neutral norms ombuds office ombudsman ombudsperson outcome participation particular political position possible potential practice problem procedures professional proposals relations relationship rent-a-judge represented resolve responsibility result role rules settle settlement small claims courts social society special masters strategies summary jury trial third party transformation trial de novo Tswana umpiring values