Dispute Management

Erscheinungsjahr 2022
ISBN: 978-1-108-79471-8
Verlag: Cambridge University Press

Buch, Englisch, 476 Seiten, Format (B × H): 178 mm x 254 mm, Gewicht: 800 g

Dispute management processes are becoming the norm as a precursor, or an alternative, to traditional court-based litigation. Dispute Management is a clear and concise introduction to an expansive range of dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration. Each topic is well-researched, offering the necessary depth, socio-legal considerations and balanced coverage of theory and practice. Chapters address relevant ethical and cultural issues and is supported by array of interesting examples that promote discussion. Case studies at the end of each chapter link theory to practice and present disputes between neighbours, conflict in the workplace and cases that make it to trial. Offering a combination of theoretical insights and practical information Dispute Management is a vital resource for students, lawyers and dispute practitioners.

Autoren/Hrsg.

Collins, Pauline

Demeter, Dalma

Douglas, Susan

Inhaltsverzeichnis

Introduction; 1. Understanding disputes; 2. Communication; 3. History and Philosophy of Dispute Management; 4. Interviewing; 5. Negotiation; 6. Mediation; 7. Facilitation; 8. Conciliation; 9. Collaborative Law; 10. Arbitration; 11. Litigation; 12. Statutory Dispute Management Schemes and Professional Practice in Dispute Management.

Über Autor(innen)

Douglas, Susan
Susan Douglas is retired legal academic having worked at the University of the Sunshine Coast for over 20 years. Sue identifies as a socio-legal scholar and her research includes publication of empirical and critical studies in dispute management, with a focus on mediation. Her teaching has included Business Law, Employment Law and ADR. Sue continues to publish and to contribute to the ADR Research Network. She is currently a consultant editor for the Australasian Dispute Resolution Journal (ADJR). She has contributed as a Design Committee Member of the Australian National Mediation Conference in 2019 and is committed to a similar role for the Conference in 2021. Sue continues to volunteer as a solicitor with the Suncoast Community Legal Service and as a Management Committee member with the Maroochy Neighbourhood Centre where she offers a mediation service.

Collins, Pauline
Pauline Collins is a Professor in the School of Law and Justice at the University of Southern Queensland. She teaches dispute resolution and international humanitarian law. Pauline has been widely published on matters such as legal education, dispute resolution, military justice, international law and private military companies. Pauline has also been a legal practitioner in South Australia working in general practice, Parliamentary Counsel, the Crown Solicitors Office, and the office of the Director of Public Prosecution. She has degrees in law, visual arts, public relations and is a Nationally Qualified Mediator. Pauline conducts mediations for the Dispute Resolution Branch in the Queensland Civil and Administrative Tribunal.

Demeter, Dalma
Dalma Demeter is a law academic, researcher, and practitioner with expertise in international commercial law and dispute resolution. Her teaching combines professional skills and practical application with theory and her pedagogy is recognised by several teaching awards. As a researcher and author, her publications focus primarily on dispute management and legal development. She is frequently invited to present at international conferences and to provide capacity building training in the Asia-Pacific Region. As a legal practitioner, Dalma serves as independent arbitrator, adjudicator, and consultant. Her expertise in commercial arbitration, international commercial law, and contracts cover both civil law and common law systems. As an adjudicator, she is accredited to decide construction payment claims. Dr Demeter is a tireless supporter of dispute management and of legal development and harmonisation in international trade law. She serves on several Boards and Committees for organisations working in these areas and she has been the Deputy Chair of the UNCITRAL National Coordination Committee for Australia (UNCCA) between 2017-2020.