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.
1. Dispute Resolution, Karl Mackie, Part 1. Dispute Resolution Mechanisms and Procedural Justice, Introduction, 2. Procedure or Result, Tom Tyler, 3. Alternative Dispute Resolution and the Civil Justice System, George Appleby 4. Complaints Mechanisms in Administrative Law: Recent Developments, Patrick Birkinshaw 5. Developments in Commercial Arbitration, R. E. Wright, 6. Neighbour Disputes, Tony F. Marshall, 7. Negotiation and Mediation, Karl J. Mackie, Part 2. Disputes in Social Context, Introduction 8. Industrial Relations Disputes, ACAS 9. Alternative Dispute Resolution, John Birds and Cosmo Graham, 10. Family Conciliation, Janet Walker, 11. Articulating the Power of 'Us Plus Them', Tony Gibson, 12. Local Authority Decision Making and Homelessness, Graham Robson 13. Consumer Protection, Richard Thomas, Part 3. ADR - Some International Experience, Introduction 14. Non-Judicial Dispute Processing in West Germany, Dorothea Eidmann and Konstanze Plett 15. Building an Arbitration and Mediation Centre, Bonita J. Thompson QC, 16. Mediation and the People's Republic of China, Micheal J. E. Palmer, 17. Alternative Dispute Resolution in Australia, David A. Newton, Part 4. Training, Research and Futures, Introduction, 18. Training Mediators, David A. Cruickshank, 19. Considering Dispute Resolution, Neil Gold, 20. Conclusion: Dispute Resolution Futures, Karl J. Mackie