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Gerard McMeel
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Dispute Processing and Conflict Resolution


ISBN13: 9780754623052
ISBN: 075462305X
Published: May 2004
Publisher: Routledge
Format: Hardback
Price: £240.00



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Also available as
eBook (ePub)
9781351943543
£170.83

Focusing on several important themes relating to conflict and dispute resolution, this set of essays reflects developments in the technique as it affects interpersonal, domestic and international relationships.

Contents:
Introduction - from legal disputes to conflict resolution and human problem solving. 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. 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. Uses and Abuses of Dispute Resolution Processes: For and against settlement - the uses and abuses of the settlement conference; Pursuing settlement in an adversary culture - a tale of innovation co-opted or the law of ADR; Lawyer negotiations - theories and realities. Conflicts about Conflict Resolution - Philosophical and Policy Issues in Dispute Resolution: When dispute resolution begets disputes of its own - conflicts among dispute professionals. Ethical Issues in Dispute Processing: Ethics and professionalism in non-adversarial lawyering; Ethics in ADR representation. The Future of Dispute Processing - Creativity, Problem Solving and Complex Multi-Party Disputes: Aha? - is creativity possible in legal negotiation and teachable in legal education?; When litigation is not the only way - consensus building and mediation as public interest lawyering; Practising ""In the interests of justice"" in the 21st century - pursuing peace as justice.