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.
General
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