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Comparative Dispute Resolution
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters 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.
More Information
Critical Acclaim
Contributors
Contents
More Information
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters 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 ‘modernization’. 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 others engaged in the practice 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.
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 ‘modernization’. 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 others engaged in the practice 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 volume is an important and timely contribution to the growing literature on comparative dispute resolution which has been made even more important by the adoption of the Singapore Convention on Mediation in 2019 and the acceleration of the use of online dispute resolution processes due to the appearance of COVID 19. The editors and contributors deserve recognition for their achievement in providing this rich resource for us.’
– Colm Brannigan, Canadian Arbitration and Mediation Journal
‘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 chapters 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 chapters 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 recognized 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
– Colm Brannigan, Canadian Arbitration and Mediation Journal
‘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 chapters 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 chapters 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 recognized 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: M. Alberstein, N. Alexander, L. Allport, D. Bagshaw, A. Bradney, W.E. Butler, A. Cheevers, D. Coker, F. Cownie, N. Creutzfeldt, D. De Girolamo, A. Ferrara, J.P. Folger, C. Freshman, T. Gavrielides, W. Gu, J. Haley, A. Harkens, A. Kellam, M.M. Keshavjee, D. Kim, K. Kokal, K. Kressel, C.-W. Lee, G. Meggitt, C. Menkel-Meadow, J. Morrison, M.F. Moscati, L. Mulcahy, P. Ng, E. Onyema, M. Palmer, F. Pirie, 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
Gary 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
[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
Gary 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
