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While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates. Discussions in Dispute Resolution brings together the modern dispute resolution field's most influential commentaries in its first few decades and reflects on what makes these pieces so important. This book collects 16 foundational writings, four pieces from each of the field's primary subfields--negotiation, mediation, arbitration, and public policy. Each piece has four commenters who answer the question: why is this work a foundational piece in the dispute resolution field? The purpose in asking this simple question is fourfold: to hail the field's foundational generation and their work, to bring a fresh look at these articles, to engage the articles' original authors where possible, and to challenge the articles with the benefit of hindsight. Where possible, the book gives the authors of the original pieces the opportunity either to reflect on the piece itself or to respond to the other commenters.
Discussions in Dispute Resolution
Language: en
Pages: 416
Authors: Art Hinshaw, Andrea Kupfer Schneider, Sarah Rudolph Cole
Categories: Law
Type: BOOK - Published: 2021-04-13 - Publisher: Oxford University Press

While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration
Discussions in Dispute Resolution
Language: en
Pages: 442
Authors: Art Hinshaw, Andrea Kupfer Schneider, Sarah Rudolph Cole
Categories: Law
Type: BOOK - Published: 2021 - Publisher: Oxford University Press

"As a law professor who teaches civil procedure and mediation, "Pursuing Settlement" reads like a history. Menkel-Meadow's uncanny accuracy in predicting the future, her prescient fears for where institutionalization of ADR might take us, and the remarkable continued relevance of her suggested reforms and accompanying experimentation combine to make an
Dispute Resolution in China
Language: en
Pages: 270
Authors: Weixia Gu
Categories: Law
Type: BOOK - Published: 2021-02-09 - Publisher: Routledge

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial
Dispute Resolution and Conflict Management in Construction
Language: en
Pages: 888
Authors: Edward Davies, Peter Fenn, Michael O'Shea
Categories: Architecture
Type: BOOK - Published: 2005-10-05 - Publisher: Routledge

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and
Argumentation in Dispute Mediation
Language: en
Pages: 291
Authors: Sara Greco Morasso
Categories: Language Arts & Disciplines
Type: BOOK - Published: 2011-03-09 - Publisher: John Benjamins Publishing

The context of mediation immediately highlights the importance of argumentation as a means to reasonably handle conflict. Argumentation in dispute mediation tackles this topic providing both theoretical insights and detailed empirical argumentative analysis. Its goal is twofold: to explore mediation as a real-life context of argumentation and to show how