Full Description
Covering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application.
Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation.
Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.
Contents
Table of Cases. Table of Statutes and Statutory Instruments. Table of Treaties, Directives, Regulations, and Conventions. Glossary. Acknowledgments. 1. Introduction 2. Theories of Conflict and the Principles of ADR 3. Negotiation 4. Mediation Psychology 5. Community Mediation 6. Civil Mediation 7. Family Mediation 8. Restorative Justice 9. Mediation Secrets 10. Mandatory Mediation 11. ADR Spectrum and Hybridity 12. Mediation Ethics 13. Arbitration 14. Mediation in Comparative Context 15. Online Dispute Resolution 16. Conclusions. Bibliography. Index
