Author: Mohamed S. Abdel Wahab
Publisher: Eleven International Pub
Release Date: 2012-01
This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution (ODR) field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its future in a comparative and analytical context. The second section offers a regional oriented approach, where the prospects, challenges, and success of ODR - and its applications in the North America, Latin America, Africa, Australia, Europe, and Asia - are mapped and fully addressed. The book is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.
Author: Faye Fangfei Wang
Publisher: Chandos Publishing
Release Date: 2009
This book helps lawyers, practitioners, legislators and students understand and cope with the challenges of e-commerce, and to learn about the most up-to-date technology and regulation of Online Dispute Resolution (ODR). It introduces different forms of online dispute resolution, against the background of Alternative Dispute Resolution (ADR) developments in the off-line environment; crucially, it examines the current technology and legal status of ODR in the EU, US, Asia and Australia, and discusses the relations between the various parties in dispute resolutions, especially the Fifth party for the provider of the technology. It further analyses the four most successful examples, such as Michigan Cybercourt, WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a proposal for resolving e-contract disputes via ODR is provided, and a code of conduct recommended in order to regulate the electronic commerce market. Based on exclusive research and up-to-date best practices within the online dispute resolution field Simple and clear with an in-depth analysis and of a wide range of topics such as technology, management and law Provides practical solutions to real-world problems with a proposal of core principles and codes of conduct, which is of great value in academia and legislative organizations such as the European Commission and UNCITRAL
Author: Edwards III, Sam B.
Publisher: IGI Global
Release Date: 2014-07-31
Genre: Political Science
Networked communication technologies have drastically changed the relationship between States and their citizens. This fundamental shift has eased civilians’ ability to access information and organize groups like never before, creating the need to re-examine existing theories. Revolutionizing the Interaction between State and Citizens through Digital Communications evaluates the relationship between governments and their constituents, and how this relationship is impacted by emerging technologies. Discussing both developed and underdeveloped nations, this book provides a comparison for the ongoing shift in societies, serving as a critical reference for legal professionals, activists, government employees, academics, and students.
Author: Ethan Katsh
Publisher: Oxford University Press
Release Date: 2017-03-09
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on four areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, and labor. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Author: John Winslade
Publisher: John Wiley & Sons
Release Date: 2008-12-03
Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as "absent but implicit," "double listening," and "outsider-witness practices."
The governance of dispute settlement is evolving in order to cope with a changing world, taking on many forms in many contexts. There is no general model for 'the' best way of settling disputes. Instead, what is the most suitable way of settling disputes highly depends on contextual factors, such as the nature of the parties involved, the nature of the relationship between them, the economic and/or moral value of the dispute, the cross-jurisdictional nature of the dispute, etc. This book aims to assess the way in which the nature of dispute resolution has evolved. With one mostly conceptual chapter and three chapters that analyse examples from radically different contexts, it makes clear that disputes are evolved within vastly different governance structures. Considering similar questions in different contexts, the chapters show how the evolution of dispute resolution has not only been shaped by the nature of disputes themselves and the type of parties involved, but also by the values that different systems try to protect. [Subject: Conflict Resolution, Civil Law, Arbitration, Public Law, International Law]
Author: Jacqueline Nolan-Haley
Publisher: West Academic
Release Date: 2013-08-16
This title presents a concise summary of alternatives to the court adjudication of disputes. It provides an on-point discussion that facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids such as arbitration-mediation, mediation-arbitration, and consensus-building, as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation, and arbitration. Each chapter contains a bibliography.
Author: William J. Barry
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-09-12
This is a comprehensive text designed to introduce paralegal students to the range of dispute resolution tools available to legal professionals. In a clear and accessible format, the text combines straightforward textual explanations with practical examples. Each chapter includes a wealth of end-of-chapter activities that reinforce the concepts discussed in the text, including practice test questions, review questions, application questions and practice exercises. Key Benefits: A book designed specifically for paralegal students —coverage is extensive and the methodology is appropriate for paralegal study. Examples and end-of-chapter exercises that provide the basis for classroom discussions, role plays and opportunities for students to practice paralegal skills. Up-to-date, relevant coverage of new, cutting-edge areas of ADR with a solid introduction to the basics. Discussion of the nature and dynamics of conflicts, followed by a comparison of litigation with other dispute resolution methods.
Author: Khosrow-Pour, D.B.A., Mehdi
Publisher: IGI Global
Release Date: 2017-06-20
In recent years, our world has experienced a profound shift and progression in available computing and knowledge sharing innovations. These emerging advancements have developed at a rapid pace, disseminating into and affecting numerous aspects of contemporary society. This has created a pivotal need for an innovative compendium encompassing the latest trends, concepts, and issues surrounding this relevant discipline area. During the past 15 years, the Encyclopedia of Information Science and Technology has become recognized as one of the landmark sources of the latest knowledge and discoveries in this discipline. The Encyclopedia of Information Science and Technology, Fourth Edition is a 10-volume set which includes 705 original and previously unpublished research articles covering a full range of perspectives, applications, and techniques contributed by thousands of experts and researchers from around the globe. This authoritative encyclopedia is an all-encompassing, well-established reference source that is ideally designed to disseminate the most forward-thinking and diverse research findings. With critical perspectives on the impact of information science management and new technologies in modern settings, including but not limited to computer science, education, healthcare, government, engineering, business, and natural and physical sciences, it is a pivotal and relevant source of knowledge that will benefit every professional within the field of information science and technology and is an invaluable addition to every academic and corporate library.
Author: J. G. Merrills
Publisher: Cambridge University Press
Release Date: 2017-04-06
The latest edition of this successful textbook on the techniques and institutions used to solve international disputes, how they work and when they are used, looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations, helping the reader to understand the strengths and weaknesses of different methods when they are used. Fully updated throughout, the sixth edition includes all the latest case law, as well as new sections on investment arbitration and regional trade disputes. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.
Author: Albert O. Hirschman
Publisher: Harvard University Press
Release Date: 1970
Genre: Business & Economics
An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of 'unhappy' top officials to resign over Vietnam, I decided to let myself go a little.”
Author: Arthur W. Rovine
Release Date: 2015-10-12
The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation, held in New York.
Author: Michael King
Publisher: Federation Press
Release Date: 2014-07-04
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
Author: Noah Rubins
Publisher: Oxford University Press, USA
Release Date: 2005
Genre: Business & Economics
An ideal practitioner's tool, this book clearly examines international law and provides practical steps that can be taken to minimize political risk and to deal with expropriation when it occurs. A systematic format covers relevant international law; defines political risk in general and in its most common forms; discusses available investment treaties and related mechanisms and institutions that might make a given developing country more attractive than another; considers pre-investment decisions that can reduce political risk, from ways to structure transactions to procuring investment insurance; and details the options open to an investor after an investment is affected. International Investment, Political Risk, and Dispute Resolution provides a practical, sophisticated, and comprehensive discussion of all the relevant issues related to political risk: · The political risk of expropriation, both direct and indirect · Subtle yet nefarious forms of "indirect" and "creeping" expropriation that can be more difficult to prove, identify, quantify, and protect against · Protections available under international law to minimize such political risks · The role of bilateral investment treaties, government-sponsored and private investment insurance, and various provisions that may be utilized in investment agreements between the investor and the host state · Measures and steps that can be taken to reduce or respond to political risk, including the proper application of international arbitration