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Comparative Dispute Resolution

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Comparative Dispute Resolution

9781786433022 Edward Elgar Publishing
Edited by Maria Federica Moscati, Senior Lecturer, School of Law, University of Sussex, UK, Michael Palmer, Emeritus Professor of Law, SOAS, Senior Research Fellow, IALS, University of London, UK and Senior Research Fellow, Hong Kong Institute of Asia-Pacific Studies (HKIAPS), Chinese University of Hong Kong and Marian Roberts, College of Mediators, South East London Family Mediation Bureau, UK
Publication Date: December 2020 ISBN: 978 1 78643 302 2 Extent: c 672 pp
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.

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Critical Acclaim
Contributors
Contents
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Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.

From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their ‘modernisation’. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.

Showcasing opportunities for new research and debate, Comparative Dispute Resolution will be helpful to practitioners and those engaged in the practise of handling disputes. Students and scholars in disciplines such as law, sociology, politics and psychology will also find this topical Research Handbook useful in their understanding of the theory and practice of disputing and dispute management, legal reform and enhanced access to justice.
Critical Acclaim
‘This is an impressive volume, both in terms of coverage and depth, offering a rich variety of intellectual perspectives on a wide spectrum of dispute resolution processes, including processes of avoidance, negotiation, mediation, umpiring, hybrid processes and self-help. In doing so, this compendium brings together a wide variety of anthropological viewpoints from many top scholars in this field, providing new insights of theoretical, comparative and transnational dimensions, which observe how the culture and social context are often very significant.’
– Pablo Cortés, University of Leicester, UK

‘An astonishingly broad-reaching and multidisciplinary collection of essays that connects readers back to classic historical, anthropological, and jurisprudential studies of disputing; across legal systems in Africa, Asia, North and South America, and Europe and across processes such as negotiation, mediation, arbitration, but also avoidance and violence. It also moves forward to contemporary issues including new relations between technologies and humans and the transformation of courts from the inside. Together, these essays offer fresh comparative insights that challenge conventional understandings of the boundaries among law, disputing, and the state.’
– Amy J. Cohen, Ohio State University Moritz College of Law, US

‘A comprehensive, theoretically sophisticated work, which brings together leading experts and scholars engaged in cutting edge research on mediation, negotiation and other alternative dispute resolution institutions and practices. This book will be quickly recognised as the standard reference for this field of studies, based as it is on a much needed comparative and cross-cultural approach.’
– Michele Graziadei, University of Turin, Italy
Contributors
Contributors include: M. Alberstein, L. Allport, N. Alexander, A. Bradney, D. Bagshaw, W.E. Butler, A. Cheevers, D. Coker, F. Cownie, N. Creutzfeldt, D. De Girolamo, A. Ferrara, C. Freshman, J.P. Folger, T. Gavrielides, W. Gu, A. Harkens, J. Haley, K. Kokal, A. Kellam, D. Kim, K. Kressel, M.M. Keshavjee, C.-W. Lee, G. Meggitt, C. Menkel-Meadow, J. Morrison, M.F. Moscati, L. Mulcahy, P. Ng, E. Onyema, F. Pirie, M. Palmer, M. Roberts, Á. Ryall, K. Seidel, W. Shen, B. Townsley, J.A. Wall, Y. Zhao, L. Zhou, N. Zimerman

Contents
Contents:

[A] INTRODUCTORY
1. Introduction
Maria Federica Moscati, Michael Palmer and Marian Roberts

B] DISPUTES
2. Restorative Responses to Intimate Partner Violence
Donna Coker

3. Dispute Avoidance
Fiona Cownie and Anthony Bradney

4. Conflict Analysis and Conflict Intervention: Do Theoretical Understandings of Conflict Shape Conflict Intervention Approaches?
Joseph P. Folger

5. Violence
Michael Palmer

[C] NEGOTIATION
6. The Opening Statement in Mediation: A Goffman Analysis
Debbie de Girolamo

7. (Mindfully) Negotiating around ‘Lies’: The Science of Nonverbal Communication for ‘Soft’ and ‘Hard’ Cultures
Clark Freshman

8. The Negotiative Function of Law in International Dispute Resolution
Amy Kellam

9. Negotiating Within Legal Ambiguity: Same-Sex Partners, Family Disputes and Negotiation in Italy
Maria Federica Moscati

10. Rethinking Analysis of Homelessness Applications: the Role of Negotiation and Disputing Behaviour
Patricia NG

[D] MEDIATION
11. Through the Looking Glass: exploring the regulatory-ethical eco-system for mediation
Nadja Alexander

12. Square Pegs and Round Holes: The Divergent Roles of Lawyers and Mediators
Lesley Allport

13. Elder Mediation: An Emerging Field of Practice
Dale Bagshaw

14. Mediator Styles
Kenneth Kressel

15. Mediation Privilege
Garry Meggitt

16. Mediation Processes
Linda Mulcahy

17. Gulliver’s cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice.
Marian Roberts

18. Personae non grata: Interpreters in Mediation
Brooke Townsley

19. Civil Case Mediation in the United States
James A. Wall

[E] UMPIRING: ADJUDICATION, ARBITRATION & LITIGATION
20. Judicial Conflict Resolution (JCR) in Italy, Israel and England and Wales: A Comparative Look on the Regulation of Judges’ Settlement Activities
Michal Alberstein & Nourit Zimerman

21. Arbitration in Comparative Perspective
Gu Weixia

22. Courts and Dispute Resolution in Japan
John Haley

23. Algorithmic Justice: Dispute Resolution and the Robot Judge?
John Morrison & Adam Harkens

24. Regulating the Cost of Access to Justice in Environmental Matters in the Member States of the European Union
Áine Ryall

25. Unrepresented Parties as “Professionals” in China’s Consumer Dispute Processes
Zhou Ling

[F] MIXED PROCESSES and HYBRID SYSTEMS
26. The Role of Ombuds—A Comparative Perspective
Naomi Creutzfeldt

27. Alternative Dispute Resolution through Restorative Justice: An integrated approach
Theo Gavrielides

28. Hybrid and Mixed Dispute Resolution Processes: Integrities of Process Pluralism
Carrie Menkel-Meadow

29. Regulatory Regime for Online Dispute Resolution (ODR): Current Forms and Future Development
ZHAO Yun

[G] CHANGING CULTURES, CHANGING SYSTEMS
30. Mediation in the Russian Federation
W. E. Butler

31. Transplants, Re-Use, and Adaptation: Voluntarism in the Irish Mediation Act 2017 as a Comparative Undertaking
Aonghus Cheevers

32. Restoring the National Convivencia through Transitional Justice: The Chilean Case
Anita Ferrara

33. Dispute Resolution Processes in Islamic Cultures
Mohamed M Keshavjee

34. Dispute Resolution in South Korea
Dohyun Kim & Chul-woo Lee

35. “Different spaces, Different laws”: The role of state forums in non-state dispute processing in India
Kalindi Kokal

36. Shifts in Dispute Resolution Processes of West African States
Emelia Onyema

37. The Art of Mediation: Law and Rhetoric in Medieval Tibet
Fernanda Pirie

38. Local Law and Dispute Resolution Mechanisms under Negotiation in Emerging South Sudan
Katrin Seidel

39. Commercializing Alternative Dispute Resolution Processes in Resolving Financial Disputes in China
Shen Wei

Index

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