Dispute Resolution: Readings and Case Studies, 4th Edition

Kleefeld, John C., Julie Macfarlane, John Manwaring, Ellen Zweibel, Marina Pavlović and Anthony Daimsis

June 2015
Emond Montgomery
ISBN:  978-1-55239-647-6

Abstract:

Dispute Resolution: Readings and Case Studies, 4th Edition explores the theory and practice of dispute resolution by highlighting examples from Canada, the US, and other jurisdictions. This casebook includes a careful selection of key writings by renowned dispute resolution theorists and practitioners. It surveys a range of dispute resolution processes — conflict analysis, negotiation, mediation, arbitration, online dispute resolution (ODR), hybrid processes, and dispute systems design and evaluation — and introduces the reader to their practical application and to some of the debates over their use. Teaching questions, articles, and case studies are included throughout the text to enhance and to test students’ knowledge and understanding. The fourth edition allows for a contextual approach to dispute resolution by featuring readings that examine how the aforementioned processes are applied in different spheres, including family matters, business disputes, labour and employment, and criminal law.

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About the Authors:

John A. Manwaring est un spécialiste du droit des contrats, du droit du travail et de la philosophie du droit. Il s'intéresse également à la pédagogie universitaire. Il organise et coordonne chaque année une semaine d'étude approfondie sur les méthodes de rechange pour le règlement des différends : médiation, négociation etc. Il a agi à titre de vice-doyen du Programme français de common law pendant quelques années. C'est en droit des contrats qu'il effectue une importante partie de ses activités de recherche.

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Prior to coming to the law school in 1983, Ellen Zweibel was a Staff Attorney, U.S. Federal Trade Commission(NYC 1974-1977); a Lawyer-Partner at Roper, Lief, Zweibel & Mains, (Boulder 1977-1981) and a U.S. Tax Consultant and legal assistant for Daley, Black & Moreira, (Halifax 1981-1983). Her professional training in conflict resolution negotiation, mediation and dispute resolution systems design and collaborative processes for public policy disputes includes courses at CDR Associates,(Boulder); CIIAN (Ottawa) and Harvard Law School (Boston). She teaches Income Tax, Property, and several Alternative Dispute Resolution courses.

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Marina Pavlović is a member of the Centre for Law, Technology and Society, the International Law Group, and the Professionalism Initiative. Professor Pavlović’s teaching interests include Private International Law, Dispute Resolution and Professional Responsibility, and ADR Processes. Her research interests include dispute resolution, access to justice, conflict of laws, consumer protection, comparative law, and technology regulation and policy. In the past, Professor Pavlović has acted as a coach for the International Chamber of Commerce International Mediation Competition, the coach for the John Marshall Law School International Moot Court Competition in Information Technology and Privacy Law, and a co-coach for the Willem C. Vis International Arbitration Moot.

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Anthony Daimsis teaches Contracts and Torts law, International Sales law, International Commercial Arbitration and legal writing. He also supervises the common law Jessup, Vis and FDI moot teams and serves as the faculty's moot program coordinator.  He has advised South Asian countries in the area of Foreign investment and investment treaties. As a leading authority in his field, Prof. Daimsis is frequently approached to serve as an arbitrator in domestic and international commercial disputes and is a sought after speaker on the topics of international arbitration and international sales law, most recently travelling to Myanmar to advise its government entities on investment into Myanmar.  He is on the ICDR panel of international arbitrators.

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