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.

The book offers a comparative analysis of ad hoc and institutional arbitration, contributing to the existing professional literature with the aim to assist the parties making a pertinent choice. The advantages and disadvantages of both procedures are presented in the different procedural phases, unveiling the risks and difficulties that one may encounter and offering recommendations to avoid pitfalls and dead-ends. As different constructions may be suitable for different situations, depending on the particularities of each dispute and business relationship in part, and also depending on the parties' priorities, this book does not offer a recipe to suit each and every case. The general opinion favoring institutional arbitration is mostly supported for reasons of ease and due to the high risks of improperly constructed ad hoc proceedings, but the advantages of ad hoc arbitration, if properly administered, are also recognized, admitting the potential primacy of this alternative for certain cases. This book will hopefully make a useful contribution to make a suitable choice when opting for ad hoc or institutional arbitration.