Hannes Unberath

Hazel Genn

Felix Steffek

Carrie Menkel-Meadow

Reinhard Greger

This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution.

ADR and Access to Justice at the Crossroads

Regulating Dispute Resolution

The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.

Volume II

Multi-Party Dispute Resolution, Democracy and Decision-Making

Philip N. Meyer

David Ray Papke

Diane H. Mazur

Christine A. Corcos

Melissa Cole Essig

Peter H. Huang

Lenora P. Ledwon

The United States is the world's most legalistic nation not only because of its laws, lawyers, and courts but also due to the amount, variety, and appeal of its law-related popular culture. This large body of materials and experiences profoundly affects what Americans expect from their legal institutions and government. Indeed, might it be true that pop cultural law is more important in shaping the lay public's assumptions and expectations than are actual laws and real-life courtroom proceedings? Law and Popular Culture is the first classroom text to examine the full range of American law-related popular culture. Designed primarily for law school use, the text examines the most influential pop cultural media—film, radio, television, and inexpensive fiction—but each of the text's 14 chapters begins with a list of five readily available Hollywood films that are relevant to that particular chapter. Instructors might screen selections from these lists in conjunction with their courses. After an introduction to the study of popular culture and an outline of the text's goals, the chapters themselves fall into two categories. Half concern the pop cultural portrayals of legal institutions and actors—law schools, the legal profession, clients, witnesses, judges, and juries. The second half concern assorted areas of law—Constitutional Law, Criminal Law, and Torts from the first-year curriculum and Business Law, Family Law, International Law, and Military Law from standard upper-level electives. Instructors might use the text at the pace of one chapter per week for an entire semester or pick and expand upon selected chapters as they think best. Overall, Law and Popular Culture underscores and scrutinizes the immense role popular culture plays in shaping the American legal consciousness. Teachers and students alike can use the text to explore what Americans expect from their law and legal institutions while at the same time honing their understanding of law and of the meaning of justice under law.

Law and Popular Culture: Text, Notes, and Questions

This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems.

Theory, Policy and Practice

Mediation

Carrie Menkel-Meadow

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