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Dispute Processes

ADR and the Primary Forms of Decision-making

3rd edition

Michael Palmer, School of Oriental and African Studies, University of London, Simon Roberts, London School of Economics and Political Science
Textbook
This wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and…
Frontmatter
pp i-viii
Dedication
pp ix-x
Contents
pp xi-xiv
Preface
pp xv-xvi
1 - Introduction
pp 1-16
2 - Cultures of Decision-making: Precursors to the Emergence of ADR
pp 17-50
3 - The Debates around Civil Justice and the Movement towards Procedural Innovation
pp 51-72
4 - Disputes and Dispute Processes
pp 73-100
5 - Development of Disputes, Avoidance and Self-help
pp 101-122
6 - Negotiations
pp 123-152
7 - Mediation
pp 153-190
8 - Umpiring: Courts and Tribunals
pp 191-212
9 - Umpiring: Arbitration
pp 213-224
10 - Hybrid Forms and Processual Experimentation
pp 225-272
11 - The Ombuds and its Diffusion: From Public to Private
pp 273-286
12 - Online Dispute Resolution and its Diffusion: From Private to Public
pp 287-300
13 - Institutionalisation of ADR
pp 301-322
14 - Reflections
pp 323-330
Some Role Plays
pp 331-346
References
pp 347-366
Further Reading
pp 367-392
Recommended Viewing
pp 393-404
Index
pp 405-416
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Online ISBN: 9781107707467
Published online: 25 June 2020
Hardback ISBN: 9781107070547
Hardback publication date: 09 July 2020
Paperback ISBN: 9781107687578
Paperback publication date: 09 July 2020

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