This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.

Efficiency and Protection, or Empowerment and Recognition?: The Mediator's Role and Ethical Standards in Mediation

Dispute Processes: ADR and the Primary Forms of Decision Making

Public conflict resolution: A transformative approach

The dramatic growth in the use of alternative dispute resolution (ADR) in employment relations over the past twenty-five years has sometimes been called a “quiet revolution” Before the revolution, the use of techniques such as mediation and arbitration was largely confined to the unionized segment of the American workforce Some nonunion employers had grievance procedures or other forms of dispute resolution processes, but these employers rarely, if ever, relied on impartial third parties to resolve employment disputes (Lewin, 1987a, 1987b; Foulkes, 1980; McCabe, 1988) It is probably not an exaggeration to state that the landscape of employment dispute resolution has been transformed by the development of ADR over the past quarter-century Lisa Bingham’s article is a comprehensive survey of the growing body of research on employment dispute resolution conducted in recent years We commend her for performing this important service for scholars and practitioners in our field Undoubtedly, her review of the literature will be a starting point for scholars contemplating new research projects One of the strengths of her article is her use of a structural framework to organize her review of the research By focusing on structural elements, Bingham aptly directs our attention to most of the critical—and frequently controversial— issues that have captured the attention not only of researchers but also of practitioners in the field Her own research on the repeat-player effect in arbitration, the use of transformative mediation in the US Postal Service, and other topics is testimony to the important role that research can play in an evolving field (Bingham, 1997a, 1997b, 1998; Bingham, Kim, and Raines, 2002) Our argument in this article is greatly influenced by the work of Thomas Kuhn, who famously introduced the concept of a “paradigmatic shift” in his

background

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Commentary: Research on employment dispute resolution: Toward a new paradigm

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Mediation and Adjudication, Dispute Resolution and Ideology: An Imaginary Conversation

The article comments on three models of mediation always from the perspective of intercultural mediation: that of the Harvard School of Negotiation, the transformative model of Bush and Folger and the circular narrative model of Sara Coob — not without also taking into account the ideas of other models put forward by Lederach, Galtung,  Fitzduff, etc. But together with others authors and mediation practitioners he considers that all models contribute valuable elements and that, whichever the preference, it is always convenient to include useful elements in the other models when acting in specific situations.

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Modelos de mediación y su aplicación en mediación intercultural

/pdf/efficiency-and-protection-or-empowerment-and-recognition-the-5log1qo5y0.pdf

Efficiency and Protection, or Empowerment and Recognition?: The Mediator's Role and Ethical Standards in Mediation

Citations

Dispute Processes: ADR and the Primary Forms of Decision Making

Public conflict resolution: A transformative approach

Commentary: Research on employment dispute resolution: Toward a new paradigm

Mediation and Adjudication, Dispute Resolution and Ideology: An Imaginary Conversation

Modelos de mediación y su aplicación en mediación intercultural

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Структура российского института медиации: настоящее, прошлое, будущее