Dispute processing and conflict resolution : theory, practice and policy / Carrie Menkel-Meadow.
| Uniform Title: | Collected essays in law.
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| Main Author: | |
| Language: | English |
| Published: |
Burlington, VT : Aldershot :
Ashgate Pub. ; Dartmouth,
2003.
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| Series: | Collected essays in law.
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| Subjects: | |
| Physical Description: | xlii, 497 pages : illustrations ; 24 cm. |
| Format: | Book |
Contents:
- Introduction. pt. 1. 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
- pt. 2. 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
- pt. 3. 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
- pt. 4. Conflicts about conflict resolution: philosophical and policy issues in dispute resolution. When dispute resolution begets disputes of its own: conflicts among dispute professionals
- pt. 5. Ethical issues in dispute processing. Ethics and professionalism in non-adversarial lawyering ; Ethics in ADR representation: a road map of critical issues
- pt. 6. 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.