Subjects:

Arbitration and Dispute Resolution

Contents:

1 Introduction

2 Cultures of decision-making: precursors to the emergence of ADR

3 The debates around civil justice and the movement towards procedural innovation

4 Disputes and dispute processes

5 Negotiations

6 Mediation

7 Umpiring

8 Hybrid forms and processual experimentation

9 The trajectory of alternative dispute resolution.

This wide-ranging study considers the primary forms of alternative dispute resolution (ADR) - negotiation, mediation, and umpiring - in the context of the rapidly changing discourses and practices of civil justice that are taking place across a broad range of jurisdictions. Potential litigants increasingly need to be aware of the whole range of dispute management processes available to them, and lawyers have to develop skills beyond those traditionally associated with litigation and the courts.

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.