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The mediation process : practical strategies for resolving conflict
\"This is the fourth edition of one of the seminal works in the field of mediation and conflict resolution. The book is practical blend of theory, research, and practice with a useful \"how to\" approach to resolving disputes at various stages of development and resolution. Its case studies present a range of successful applications of mediation (interpersonal, child custody and divorce, commercial, business, organizational, public policy, environmental, intercultural and international) and strategies for intervention. The book is written for both beginning and experienced practitioners. \"-- Provided by publisher.
Book
The mediation process : practical strategies for resolving conflict
The Fourth Edition of a seminal work in the field of mediation and conflict resolution
For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships.
* Includes expanded information on the latest approaches for providing mediation assistance
* Features comprehensive guidelines for selecting the right strategy for both common and unique problems
* Utilizes updated, contemporary case studies of all types of disputes
* Offers expanded coverage of the growing field and practice of intercultural and international mediation
eBook
Legal accents, legal borrowing : the international problem-solving court movement
'Legal Accents, Legal Borrowing' is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia.
Book
ORGANIZATIONAL CONFLICT RESOLUTION AND STRATEGIC CHOICE
This article examines the strategic underpinnings of firms’ use of alternative dispute resolution (ADR) practices. The authors argue that a firm’s strategic orientation and commitment to ADR shape its adoption of dispute resolution techniques—such as mediation and arbitration. Firms vary in the benefits they seek to gain from adopting ADR practices, and firm-level use is affected by these anticipated benefits. The authors also propose a link between a firm’s commitment to the diffusion, access, and their use of ADR, on the one hand, and employee usage on the other. They test their theory using survey data from Fortune 1000 corporations and identify four distinct strategic orientations toward ADR, which in turn help to explain use of ADR within firms. Finally, they also find that a firm’s commitment to ADR is also shown to affect the firm’s use of mediation and arbitration.
Journal Article
Critical Success Factors for the Widespread Adoption of Virtual Alternative Dispute Resolution (VADR) in the Construction Industry: A Structural Equation Modeling Analysis
This study explores the increasing adoption of virtual alternative dispute resolution (VADR) in the construction industry, enhancing efficiency and accessibility in dispute resolution. VADR is crucial for streamlining processes and reducing participation barriers. The study aims to investigate the critical success factors (CSFs) influencing the adoption of VADR in the construction sector. Given the rising importance of VADR technologies, understanding the key factors driving their acceptance is crucial. The background highlights the growing reliance on innovative technologies to boost operational efficiency and decision-making processes. The data for the study were collected using a cross-sectional design with online structured survey questionnaire (N = 97) from diversified construction industries. Using Smart PLS 4, structural equation modeling (SEM) was employed to test the validity, reliability, and proposed hypotheses of the study. The results showed that cost factors had the greatest impact on VADR acceptance, followed by user competence and training, procedural adaptability, and technological infrastructure. Logistical assistance and legal frameworks also had a considerable favorable impact. However, stakeholder buy-in had no significant influence on VADR implementation. The implications indicate that economic feasibility, logistical readiness, flexible procedures, supportive legal contexts, and user skills are significant factors for successful VADR integration. Governments and organizations should deploy VADR technologies to encourage innovation and operational improvement in the construction industry.
Journal Article
An investigation of the conflict management strategies in international construction joint ventures of Sri Lanka
Purpose
Most developing countries, such as Sri Lanka (SL), are now looking for the support of foreign construction companies for large-scale infrastructure projects in return for expertise and resources. Thus, foreign companies may enter into agreements with local contractors through joint ventures (JVs). However, the priorities of construction project stakeholders may differ, which may ultimately end up in conflicts. Therefore, this research aims to investigate the most suitable conflict management strategies for international construction JVs (ICJVs) considering the SL context.
Design/methodology/approach
The mixed method was used for the research choice by selecting a questionnaire survey and expert interviews. Completed questionnaires (n = 78) were analysed using statistical techniques. The expert interviews with six industry practitioners were piloted to increase the validity and credibility of survey findings through a triangulation process where the collected data was analysed through content analysis.
Findings
The findings confirm that JV parties should first seek collaborative solutions in a conflict and seek legal redress only when those efforts are unsuccessful. Collaborating and compromising were recommended as the most appropriate tactics if an informal approach to conflict management was chosen. Alternative dispute resolution and litigation were identified as formal conflict management strategies.
Originality/value
This study, to the best of the authors’ knowledge, will be the first of its kind in SL, which will lead to a better understanding of conflict management in IJCVs and will encourage other researchers to extend this study through further work.
Journal Article
Belt and Road Initiative: the interplay between corruption, plea-bargaining and civil alternative dispute resolution
Purpose
This paper aims to determine whether a connection can be formed between corruption, plea-bargaining and civil alternative dispute resolution.
Design/methodology/approach
Academic articles and textbooks are examined as are relevant reports by various academic institutions.
Findings
Despite the similarities between plea-bargaining and civil alternative dispute resolution, the differences between the two overwhelmingly supersede their similarities. As such, there is unlikely to be an interplay between corruption, criminal plea-bargaining and civil alternative dispute resolution.
Research limitations/implications
There are limited data available in relation to the prevalence of corruption activities by Chinese officials within the Belt and Road Initiative. Any discussions within this study is based on the impressionistic observations of the author, which may not reflect the true state of affairs in China.
Practical implications
Those who are interested in examining the relationship between the criminal plea-bargaining and civil alternative dispute resolution will have an interest in this topic.
Originality/value
The value of the paper is to demonstrate the difficulties in cross-fertilizing criminal law procedures with civil dispute resolution.
Journal Article
MANAGERIAL JUDICIAL CONFLICT RESOLUTION (JCR) OF PLEA BARGAINING
This article examines the role of the criminal judge in light of the vanishing trial phenomenon and the emergent reality of many doors to process legal conflicts in both the civil and criminal domains. It focuses on judicial conflict resolution (JCR), which is any activity conducted by judges in order to promote consensual disposition of legal cases, in “Plea Bargains Facilitating Days” (moqed) in Tel-Aviv Magistrate’s Court. We conducted quantitative and qualitative analyses of data collected from observations of 717 hearings in 704 criminal cases and found that, on average, 5.55 (SD = 3.62) hearings were required for disposing of a case, and the average duration of a legal proceeding from indictment to closure was 548.55 (SD = 323.17) days. In most of the hearings the judges’ role was confined to managerial-bureaucratic decisions intended to enable the negotiation between the parties. JCR activities occurred in only 16.9 percent of the hearings, and we identified six types of JCR practices in the promotion of plea bargains: narrow and broad facilitation of negotiations between the parties, forecasting the legal outcome, negatively presenting the judicial process, using lawyer-client relations to promote agreement, and using Alternative Dispute Resolution (ADR) techniques. These findings are compared to previous findings on the roles of judges in civil pretrial proceedings, and the more active role of the civil judge in promoting settlements is discussed. We further discuss the possibility of expanding a therapeutic and rehabilitative approach in the framework of criminal JCR during preliminary hearing days, which become today the main door of criminal justice.
Journal Article
Arbitration in Administrative Affairs: The Enlargement Scope of Ratione Materiae in Portugal
The purpose of this article is to address the question of arbitrability of administrative conflicts, generally and as characteristic of Portugal. Although the use of arbitration in conflicts where public entities intervene in private relationships is usually allowed, European legislatures commonly consider administrative disputes as a type of controversy excluded from arbitration. It is indeed easy to raise strong arguments against alternative dispute resolution when public administration is implicated. Nevertheless, none of the objections usually raised seems to be unbridgeable. Consequently, the article aims to critically analyse the main arguments against the power of arbitrators to rule on public conflicts. Presently, the Portuguese law allows administrative arbitration in a wide range of areas, from conflicts relating to administrative contracts to conflicts over the legality of administrative authority acts. The assessment of this regime makes it clear that the enlargement of the objective scope of administrative arbitration has to be accompanied by rules, which offer a response to the specific requirements of administrative law and a safeguard of public interest. In this sense, the analysis offers a critical review of the solutions of Portuguese law, which can be also used in comparable legal regimes of other European countries.
Journal Article
The Past and Present of the Chinese Civil and Criminal Justice Systems: The Sinitic Legal Tradition from a Global Perspective
This article starts with the entirety of the Chinese \"justice system,\" past and present, to reconsider informal justice (among the people) and formal justice (of the state), emphasizing especially the interdependence, overlap, and interaction of the civil and criminal justice systems. It then compares the justice system to the analytical framework employed by the \"Rule of Law Index\" of the World Justice Project (WJP), to bring out the similarities and differences between the \"Sinitic legal tradition\" and modern Western justice, and also the sharp contrasts between Chinese mediation and Western \"alternative dispute resolution\" (ADR). The purpose of the article is to demonstrate how a number of influential common assumptions are mistaken, and how the Sinitic legal tradition remains important in contemporary justice, not just of China but also the other major \"East Asian civilization\" countries. The purpose is to search for a path that would go beyond the either/or binary opposition between the Chinese and the Western, and the past and the present.
Journal Article