ABSTRACT

A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.

chapter 1|8 pages

Dispute resolution: the new wave

part |2 pages

Part I. Dispute resolution mechanisms and procedural justice

part |2 pages

Part II. Disputes in social context

part |2 pages

Part IV. Training, research and futures

chapter |1 pages

Introduction

chapter 19|5 pages

Conclusion: dispute resolution futures

chapter |1 pages

Postscript - ADR in action