Relevant bibliographies by topics / Arbitration, Negotiation, Mediation

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Arbitration, Negotiation, Mediation'

Author: Grafiati
Published: 4 June 2021
Last updated: 27 January 2023

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Journal articles on the topic "Arbitration, Negotiation, Mediation"

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Goltsman, Maria, Johannes Hörner, Gregory Pavlov, and Francesco Squintani. "Mediation, arbitration and negotiation." Journal of Economic Theory 144, no. 4 (July 2009): 1397–420. http://dx.doi.org/10.1016/j.jet.2008.08.010.

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Loschelder, David D., and Roman Trötschel. "Overcoming the competitiveness of an intergroup context: Third-party intervention in intergroup negotiations." Group Processes & Intergroup Relations 13, no. 6 (October 28, 2010): 795–815. http://dx.doi.org/10.1177/1368430210374482.

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The present research addresses the specific impairments of an intergroup negotiation context with respect to intergroup competitiveness and partial impasses. We examined whether mediation-arbitration (med-arb), a hybrid form of third-party intervention, is conducive to overcoming the detrimental effect of an intergroup negotiation context. Study 1 demonstrated the detrimental effect of an intergroup negotiation context and showed that mediation-arbitration is an effective means to overcome this detrimental effect in a distributive negotiation task. The findings of Study 1 further suggest that the beneficial effect of med-arb on negotiation outcomes can be explained in terms of an alleviation of intergroup competitiveness. Study 2 replicated the beneficial effect of mediation-arbitration in an integrative intergroup negotiation and, by means of comparing mediation-arbitration to straight mediation, corroborated the notion that the anticipated arbitration in med-arb is a necessary precondition to alleviate the competitiveness throughout the mediated negotiation process. Study 2 further revealed that the beneficial effect of med-arb on intergroup competitiveness can be explained in terms of the perceived decision control that disputants ascribed to the third party. The findings of the present research are discussed with respect to their contribution to future research on intergroup negotiation and third-party intervention.
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Kurniawan, Shelly. "PERBANDINGAN PENYELESAIAN SENGKETA MEREK BERDASARKAN UNDANG-UNDANG MEREK NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS JO. UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA DENGAN WORLD INTELLECTUAL PROPER." Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi 11, no. 1 (November 19, 2019): 97–113. http://dx.doi.org/10.28932/di.v11i1.1972.

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Dispute resolution does not only have to go through court, it can also resolve by alternative dispute resolution. Alternative dispute resolution regulated in Indonesia through Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution that more diverse than alternative dispute resolution provided by the World Intellectual Property Organization (WIPO) through the WIPO Arbitration and Mediation Centre. Alternative dispute resolution in Indonesia can be in consultation, mediation, negotiation, conciliation, arbitration, and expert determination. The WIPO Arbitration and Mediation Centre at least provides four option for the alternative dispute resolution, namely mediation, arbitration, expedited arbitration, and expert determination. This research is to compare the alternative dispute resolution in marks dispute resolution jo. the act of alternative dispute resolution and alternative dispute resolution on WIPO Arbitration and Mediation Centre. Only expedited arbitration that is not explicitly regulated in Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, but there is provisions that resemble to expedited arbitration, i.e. a sole arbiter
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Kendall, J. "A Guide to Negotiation and Mediation by Gary Goodpaster." Arbitration International 15, no. 3 (September 1, 1999): 324–25. http://dx.doi.org/10.1093/arbitration/15.3.324.

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Hartman, Francis T., and George F. Jergeas. "A model for proactive mediation of construction disputes." Canadian Journal of Civil Engineering 22, no. 1 (February 1, 1995): 15–22. http://dx.doi.org/10.1139/l95-002.

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Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.
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KOZLOVSKYI, Maksym. "Negotiation and mediation as a means of peaceful settlement of international economic disputes." Economics. Finances. Law 11/2, no. - (November 26, 2021): 16–18. http://dx.doi.org/10.37634/efp.2021.11(2).3.

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Introduction. Interstate interaction and integration, on the one hand, are the key to the successful functioning of humanity, and on the other hand, they provoke the emergence of international differences and conflicts, including those of an economic nature. Successful settlement of economic differences in accordance with the principle of peaceful settlement of international disputes is a necessary condition for strengthening and developing international cooperation. The issue of peaceful settlement of economic disputes, including through the use of diplomatic means, has been studied by such authors as I.V. Grynchak, О.M. Malysheva, Z.V. Tropin, etc. The purpose of the paper is to determine the specifics of negotiation and mediation as political ways to resolve economic disputes peacefully. Results. In international legal doctrine, the most common is the division of peaceful means of resolving international disputes into diplomatic (political) and legal (judicial). The most common are negotiations, good services and mediation, international arbitration. International negotiations, as part of the system of international relations, on the one hand, feel their influence, acting as a tool in solving a range of foreign policy and, in some cases, domestic policy problems, on the other – themselves affect international relations, largely defining and shaping them. The difference between mediation and negotiation is that a third party intervenes in the dispute resolution process with the aim of reconciling the parties. At the same time, the role of the mediator is quite passive, the purpose of his activity is to establish a constructive dialogue between the conflicting states. Therefore, the result of applying this method in some cases can only be reduced to the resumption of negotiations. Conclusion. Negotiation and mediation are diplomatic (political) means of peaceful settlement of international economic disputes. Such means of resolving international economic disputes are used in the presence of a common will of the parties to resolve the conflict, and a common focus on finding a mutually beneficial and compromise solution to the dispute. A key difference between negotiation and mediation is the involvement of a third party in the mediation process, which helps the parties to reach an agreed and compromise solution.
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Studti, Brendan Lyall. "Notes: Multi-tiered dispute resolution clauses — Peremptory steps or too vague to matter?" South African Law Journal 139, no. 3 (2022): 511–25. http://dx.doi.org/10.47348/salj/v139/i3a2.

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Multi-tiered dispute resolution clauses in agreements in South Africa are prevalent. In many instances these clauses provide for a sequence of dispute resolution processes, often commencing with negotiation, followed by mediation, and then, finally, arbitration. Arbitrators and parties to these clauses need to consider whether the preconditions to arbitration are sufficiently certain to be enforceable and whether they have been fulfilled. The issue has received little attention in South Africa but there is a considerable body of foreign case law on the topic. According to foreign precedent, it must be determined whether the interim steps preceding arbitration are conditions precedent to arbitration, and, if so, whether they are enforceable. This entails, in part, assessing whether the clause in the agreement is of sufficient certainty for a court to ascertain whether it has been complied with. This note presents an exposition of the foreign case law and demonstrates how the position in foreign jurisdictions is consistent with the law in South Africa. It also aims to set out the minimum requirements for an interim negotiation or mediation clause to be enforceable as a precondition to arbitration.
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Kusnadi, Apriliani, and Devi Siti Hamzah Marpaung. "Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)." Wajah Hukum 6, no. 1 (May 1, 2022): 80. http://dx.doi.org/10.33087/wjh.v6i1.710.

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A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".
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Buresh, Donald L. "Practical Suggestions for Win-Win, Win-Lose, Lose-Win, and Lose-Lose Strategies in Mediation or Arbitration." Journal of Human Psychology 1, no. 4 (March 23, 2022): 24–34. http://dx.doi.org/10.14302/issn.2644-1101.jhp-22-4129.

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This essay discusses the practical aspects of mediation and arbitration. The article outlines effective steps to implement win-win, win-lose, lose-win, and lose-lose negotiation strategies. It is posited that with a win-win strategy, the job of a mediator or arbitrator is to find a win-win scenario that is acceptable to both sides. The role of a mediator or arbitrator when the parties are engaging in win-lose, lose-win, and lose-lose strategies is different in that at least one of the parties is not seeking a win for all sides. In particular, when the parties are not involved in a win-win, and court is an option, the parties need to gain as much information about the opposing party as possible to use it to their advantage in court. This is unfortunate but, at times, a necessary result of not participating in a win-win outcome.
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Ruscalla, Gabriele. "Latest developments in conciliation and mediation in investor-state disputes." Revista Brasileira de Arbitragem 16, Issue 63 (October 1, 2019): 96–112. http://dx.doi.org/10.54648/rba2019033.

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Over the last decades, investor-State disputes have drastically increased in number. Most of these disputes are resolved through arbitration. The increase of the arbitration proceedings in investor- State matters is due to the high number of bilateral investment treaties and free trade agreements (“IIAs”) containing an arbitration clause which the dispute is based on. IIAs do not include only arbitration clauses: they also offer the parties other ways to settle their disputes through negotiation, conciliation and mediation. Research today suggests that conciliation and mediation have been rarely used in investor-State dispute resolution. The purpose of this article is to investigate the reasons why ADRs are still underused in the settlement of investor-State disputes, by analysing its pros and cons. The author will look into the current international legal instruments dealing with conciliation and meditation in investor-State disputes and will analyse the latest developments in the field. The article does not conclude that alternative dispute resolution methods should replace arbitration in investor-State matters: it rather suggests that, depending on the circumstances of the case, conciliation and mediation might be efficient mechanisms to settle disputes, alone or alongside arbitration procedures.
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Dissertations / Theses on the topic "Arbitration, Negotiation, Mediation"

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Ng, Wai Hong. "A comparative study on negotiation and mediation and the preferential trend of negotiation in dispute resolution in public works construction contracts in the Hong Kong Special Administrative Region." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b2083424xa.pdf.

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Hsieh, Hungpin Pierre. "The Mediator, the Negotiator, the Arbitrator or the Judge? Translation as Dispute Resolution." Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/30562.

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Metaphors have long shaped the way pure translation studies describe and justify the translation phenomenon by discovering and consolidating underlying principles. Ultimately, by means of metaphor, something that dwells on the interaction of two seemingly distinct things, translation theorists have obtained a better understanding of the category of translation. Human beings are gregarious, and disputes are inevitable in every society, ancient or modern, primitive or civilized. In fact, conflict is one iron law of life that mankind has had to improvise ways of resolving, from such formal ones as litigation to private ones such as self-help. We may not be able to eliminate dispute altogether, but we can, however, resolve it through creative and civilized means. Translation can be approached in a similar context, except it concerns a metaphorical dispute between cultures and/or languages—and probably on a more intangible and subtle platform. Disparate cultures, religions and languages in a clash can be brought closer to each other with skillful translation, and hence, translation is a variation of dispute resolution. That never went totally unnoticed. Over the years, countless translation metaphors have been constructed and exploited with very different results, which indicates how interdisciplinary a subject translation studies really is. Yet, apparently, translation is most often metaphorized as mediation and negotiation but rarely as arbitration or litigation, and one cannot but wonder whether this happened out of sheer coincidence or because of some misunderstanding. Thus, much as I appreciate what theorists have accomplished with translation metaphors, in regard to didactics and heuristics, my primitive observation is that translation theorists and practitioners have never made full use of metaphorization in that they might have had an incomplete idea of dispute resolution theory in general. After all, a metaphor is, ideally, meant to facilitate active learning and full integration of new knowledge, but there still remains a missing piece that is part and parcel of our metaphorization of translation. Specifically, translators have always embraced the amicable terms of negotiation and mediation, distancing themselves from non-mainstream ones such as arbitration and litigation. To that end, in my thesis, I will explore and examine translation through slightly renewed lenses, demonstrating how and why our metaphor schema and mapping should originate in dispute resolution, and why litigation, and perhaps even arbitration as dispute resolution mechanisms, would serve as good a metaphor—if not a better one—for translation. It is my resolute belief that the translator is more qualified as a judge, a respectable professional vested with immense judicial power, than as a mediator, who is but a third-party neutral facilitating dialogue between two disputants. Only in this way can metaphors do translation theory a great service by furnishing it with a renewed and objective description of translation.
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Merçon-Vargas, Sarah. "Meios alternativos na resolução de conflitos de interesses transindividuais." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-06032013-091823/.

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O presente trabalho destina-se a examinar as perspectivas ao uso de meios extrajudiciais de resolução de conflitos para a composição de conflitos coletivos no Brasil. Para tanto, serão analisadas as principais características da negociação, mediação, conciliação e arbitragem, identificados os requisitos de admissibilidade para o uso de tais técnicas e explicitados os elementos a serem considerados no exame de adequação do uso de meios extrajudiciais. Além disso, serão examinadas as principais características dos direitos difusos, coletivos stricto sensu e individuais homogêneos, assim como as regras processuais pertinentes à legitimação e coisa julgada no processo coletivo. Mais adiante, o presente trabalho tentará sistematizar hipóteses sobre o cabimento e sobre a adequação das técnicas extrajudiciais para a resolução de conflitos que envolvem direitos coletivos. Ao final, será possível concluir que tais direitos podem e devem ser resolvidos por meio de técnicas extrajudiciais, em especial por meio da negociação, da conciliação e da arbitragem.
The following work aims at examining prospects in the use of alternative dispute resolution techniques in Brazilian class actions. To this end, it will, at first, analyze negotiation, mediation, conciliation and arbitration main characteristics. Also, admission criteria for each of these dispute resolution techniques will be identified and the elements that should be considered for the adequacy exam will be outlined. Further on, the three kinds of Brazilian class action and the main characteristics of each class procedures will be examined, with special concern to procedure laws pertaining legitimacy and res judicata. Moreover, the paper will systematically study the hypothesis in which extrajudicial conflict resolution techniques may be applied and the adequacy of their use in cases encompassing collective rights. Finally, in its conclusion, it will be demonstrated that extrajudicial techniques can be used to solve conflicts involving collective rights, mainly through negotiation, conciliation and arbitration.
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Faris, J. A. "An analysis of the theory and principles of alternative dispute resolution." Thesis, 1995. http://hdl.handle.net/10500/16772.

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The system of Alternative Dispute Resolution, commonly known as ADR, comprises multiple informal processes. Traditional processes of negotiation, mediation and arbitration are primary processes within the system of ADR. The elements of the primary processes have been combined with one another or with those of public process to form hybrid ADR processes original only to the system of ADR. These hybrid processes are: rent-a-judge, the mini-trial, the summary jury trial, neutral evaluation and mediation/arbitration. Under the auspices of ADR, derivative processes have also been developed, such as expedited arbitration, documents-only arbitration, final-offer arbitration and quality arbitration. Each process is distinct and separate, having its own unique form, function and method of transforming a dispute. Outwardly, this represents a diverse collection of disjunctive processes. Yet an introspective analysis shows that there is an innate centrality that originates in core principles that bind individual processes to each other and to a unified body of theory. These foundational principles of ADR are replicated in each of its processes. In these terms, ADR is therefore conceptualised as a pluralistic system of dispute resolution that consists of autonomous and individual systems of process that conform to a central body of general theory and consensual principles. As a method of extracting the fundamental principles of ADR, the discontinuities and continuities between the theory and principles of civil procedure, as a unitary system .of procedure, and ADR processes are explored. However, in its conclusions, the thesis rejects the premises of a unitary system of procedure as forming the basis for the theory and principles of ADR. Instead, the contrary notion is advanced that ADR is an independent system of dispute resolution which is based on a theory of processual pluralism and supported by cogent processual principles.
Constitutional, International & Indigenous Law
LL.D.
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Mwenda, Winnie Sithole. "Paradigms of alternative dispute resolution and justice delivery in Zambia." Thesis, 2006. http://hdl.handle.net/10500/2163.

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Alternative Dispute Resolution was developed as an alternative to the traditional dispute resolution mechanism, litigation, which had become costly, time-consuming, did not give the parties control over the outcome of their disputes and was generally cumbersome. ADR refers to a variety of techniques for resolving disputes without resort to litigation in the courts. The concept behind the introduction of ADR methods was, inter alia, to reduce the delays and costs associated with litigation; to introduce relatively less formal methods of dispute resolution; to introduce consensual problem solving and empower individuals by enabling them to control the outcome of their dispute and develop dispute resolution mechanisms that would preserve personal and business relationships. ADR processes were thus intended to produce better outcomes all round. From the time ADR appeared on the scene, its usage has gained international recognition with both common law and civil law countries following the trend. Being faced with similar problems associated with litigation, Zambia has followed the trend and adopted some ADR mechanisms. Most commonly used ADR mechanisms in Zambia are mediation/conciliation, arbitration and negotiation. The legal and institutional frameworks for ADR in Zambia are firmly in place. It is thus, not far fetched to predict a successful future for ADR in which it will enjoy the support of the major stakeholders and play a vital role in justice delivery in Zambia. This thesis has a section on the conceptual framework for ADR and discusses the development of ADR internationally and some processes in use. It examines selected institutions of justice delivery in Zambia with a view to evaluating their operations and contribution to justice delivery in Zambia. It traces the development of institutions of justice delivery in Zambia from colonial times up to the present and assesses their performance. ADR processes currently in use in Zambia are critically examined and their shortcomings reviewed. The legal and institutional frameworks for ADR and the role they play of providing the supporting structure for ADR in the country are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in Zambia are given.
Jurisprudence
LL.D.
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Books on the topic "Arbitration, Negotiation, Mediation"

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B, Knapp Peter. Lawyering skills: Mediation & arbitration. Saint Paul, Minn: West Pub. Co., 1996.

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Law, Center for Transnational, ed. Private dispute resolution in international business: Negotiation, mediation, arbitration. 2nd ed. Alphen aan den Rijn: Kluwer Law International ; Austin [Tex.], 2009.

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Law, Center for Transnational, ed. Private dispute resolution in international business: Negotiation, mediation, arbitration. Alphen aan den Rijn, the Netherlands: Kluwer Law International, 2015.

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Keshavjee, Sadick H. Do your own arbitration. [Victoria, B.C.]: Trafford Publishing, 2012.

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Arbitration and the constitution. Cambridge: Cambridge University Press, 2012.

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David, Spencer. Mediation law and practice. New York: Cambridge University Press, 2006.

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Trachte-Huber, E. Wendy. Mediation and negotiation: Reaching agreement in law and business. 2nd ed. Newark, NJ: LexisNexis, 2007.

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Casey, Brian J. Arbitration law of Canada: Practice and procedure. Huntington, N.Y: Juris, 2005.

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Lars, Kirchhoff, and Scherer Gabriele, eds. Arbitration and mediation in international business. 2nd ed. Alphen aan den Rijn, the Netherlands: Kluwer Law International, 2006.

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Caivano, Roque J. Negociación y mediación: Instrumentos apropiados para la abogacía moderna. Buenos Aires: Ad-Hoc, 1997.

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Book chapters on the topic "Arbitration, Negotiation, Mediation"

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"Mediation and Arbitration." In Negotiation: Moving From Conflict to Agreement, 186–90. 2455 Teller Road, Thousand Oaks California 91320: SAGE Publications, Inc., 2021. http://dx.doi.org/10.4135/9781544397504.n11.

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Porges, Amy. "Alternative Dispute Settlement in the GATT and the WTO." In The Oxford Handbook of International Trade Law (2e), 1042—C40.N*. 2nd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/oxfordhb/9780192868381.013.41.

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Abstract Governments have settled disputes in the GATT/WTO system not just through formal panel procedures and negotiation, but also through arbitration, mediation, conciliation, good offices, and other alternative dispute resolution (ADR) mechanisms. Trade disputes typically begin in negotiation, and it is negotiation that determines post-litigation outcomes. Parties may seek mediation or other ADR as a substitute or addition to WTO litigation, and they may also use party-controlled arbitration. This chapter provides a history of WTO/GATT ADR and discusses possible use of WTO arbitration in the proposed Multi-Party Interim Appeal Arbitration Arrangement (MPIA) or otherwise.
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Härter, Karl. "Infrajudicial Modes of Conflict Regulation through Negotiation, Mediation and Arbitration in Early Modern European Criminal Justice." In On Mediation, 15–41. Berghahn Books, 2020. http://dx.doi.org/10.2307/j.ctv21hrg67.5.

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Menkel-Meadow, Carrie. "8. The future of negotiation." In Negotiation: A Very Short Introduction, 130–42. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/actrade/9780198851400.003.0008.

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Abstract This chapter previews new and complicated uses of modern negotiation processes such as online contract formation and dispute resolution, electronic negotiation, customer service, virtual negotiation, asynchronous negotiation, hybrid negotiation (using different forms of negotiation, combined with other media or processes such as mediation, arbitration) and the development of new models of dispute system design and Ombuds services for consideration of management of iterated or internal negotiation issues (e.g. in employment, business, consumer relations). The chapter considers the place of negotiation in modern international relations—diplomacy, cultural and political conflicts, and peace-seeking efforts.
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Sendall, Jane, and Roiya Hodgson. "3. Alternative Dispute Resolution in Family Law." In Family Law 2020, 25–35. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198855033.003.0003.

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This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including alternative dispute resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.
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Hodgson, Roiya. "3. Alternative Dispute Resolution in Family Law." In Family Law, 25–35. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198860730.003.0003.

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This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including alternative dispute resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.
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Härter, Karl. "Chapter 1. Infrajudicial Modes of Conflict Regulation through Negotiation, Mediation and Arbitration in Early Modern European Criminal Justice." In On Mediation, 15–41. Berghahn Books, 2022. http://dx.doi.org/10.1515/9781789208702-003.

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Sendall, Jane. "3. Alternative Dispute Resolution in Family Law." In Family Law 2019, 25–35. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198837732.003.0003.

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This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including Alternative Dispute Resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It also briefly considers a recent development in family ADR: arbitration.
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Sendall, Jane. "3. Alternative Dispute Resolution in Family Law." In Family Law 2018. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198787716.003.0003.

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This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including Alternative Dispute Resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It also briefly considers a recent development in family ADR: arbitration.
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Glasgow QC, Edwin, and Marion Smith QC. "Mediation and Alternative Dispute Resolution." In Wilmot-Smith on Construction Contracts, 470–91. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198832805.003.0018.

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This chapter focuses on alternative dispute resolution (ADR), which is used as a collective description of various methods of resolving disputes other than through the formal adversarial processes of litigation or arbitration. It emphasizes how ADR is now recognized in construction industry standard form contracts that provide for dispute resolution processes. It also mentions courts in the UK and throughout the world that support and actively encourage ADR, specifically in England and Wales that includes ADR as part of the Civil Procedure Rules (CPR). This chapter considers the use of ADR to assist in resolving disputes in the construction industry. It concentrates on mediation but also looks at negotiation and early neutral evaluation.
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Conference papers on the topic "Arbitration, Negotiation, Mediation"

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Hapuarachchi, H. N. M., and K. Udayangani. "Suitability of alternative dispute resolution methods based on risk factors to the Sri Lankan construction industry." In Independence and interdependence of sustainable spaces. Faculty of Architecture Research Unit, 2022. http://dx.doi.org/10.31705/faru.2022.11.

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Disputes in construction projects always used to resolve in litigation, where nowadays parties use new innovative dispute resolution methods known as Alternative Dispute Resolution(ADR)s. Many ADR-related studies in the local context are relevant to its applicability, enforceability, and effectiveness, whereas less studies exist on the choice of ADR method(s). Further, the literature proves risk in construction projects can be used as a criterion to select ADR methods, where studies are very less. Followingly, this study focused on developing a matrix based on risk factors in the construction industry for the choice of ADR method(s) under mixed research approach. The literature survey explored ADR method(s) and risk factors. Expert interviews were executed with five experts to filter the risk factors under the choice of ADR method(s) where 10 out of 15 risk factors were chosen as applicable for the study. Then, a structured questionnaire was designed with expert interview findings and distributed among 40 experts, where 34 responses were received. The responses were analyzed through Relative Importance Index technique. Thus, ADR methods were ranked against risk factors based on RII values and developed the matrix. The result proves negotiation is the best ADR method where conciliation, mediation, dispute adjudication and arbitration are suitable respectively.
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