Dispute System Design: Preventing, Managing, and Resolving Conflict

Lisa Blomgren Amsler; Janet Martinez; Stephanie E. Smith

Published by Stanford University Press 2020

Dispute System Design

Preventing, Managing, and Resolving Conflict

Lisa Blomgren Amsler , Janet Martinez and Stephanie E. Smith

https://doi.org/10.1515/9781503611368

Overview
Contents

About this book

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies.

This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

Author / Editor information

Lisa Blomgren Amsler is Distinguished Professor and Keller-Runden Professor of Public Service at the Indiana University Paul H. O'Neill School of Public and Environmental Affairs and Saltman Senior Scholar at the University of Nevada Las Vegas William S. Boyd School of Law. Janet K. Martinez is Senior Lecturer in Law at the Stanford Law School. She is Director of Stanford's Gould Negotiation and Mediation Program and Director of the Gould Alternative Dispute Resolution Research Initiative. Stephanie E. Smith is Lecturer in Law at the Stanford Law School and Scholar in Residence at the Gould Alternative Dispute Resolution Research Initiative.

Reviews

Carrie Menkel-Meadow:
"Dispute System Design is a significant and comprehensive introduction to creating dispute processes that are fair and effective in a variety of environments. With its clear analytic focus on design, practice, and ethics, this book should be of great use in professional settings from law, business, and public policy to social work, education, and international relations."

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	vii
Acknowledgments Publicly Available Download PDF	xiii
INTRODUCTION Requires Authentication Unlicensed Licensed Download PDF	1
Foundations of System Design
1. WHAT IS DISPUTE SYSTEM DESIGN? Requires Authentication Unlicensed Licensed Download PDF	7
2. ANALYTIC FRAMEWORK FOR DISPUTE SYSTEM DESIGN Requires Authentication Unlicensed Licensed Download PDF	22
3. SYSTEM BUILDING BLOCKS Processes for Preventing, Managing, and Resolving Conflict Requires Authentication Unlicensed Licensed Download PDF	39
4. SYSTEM DESIGN PRACTICE Requires Authentication Unlicensed Licensed Download PDF	61
5. ACCOUNTABILITY Evaluating Dispute System Design Requires Authentication Unlicensed Licensed Download PDF	74
6. Ethics in System Design Requires Authentication Unlicensed Licensed Download PDF	90
Case Applications
Part I. Public and Community Justice
7. Court PRO GRAMS Requires Authentication Unlicensed Licensed Download PDF	111
8. CLAIMS FACILITIES Requires Authentication Unlicensed Licensed Download PDF	132
9. COMMUNITIES AND JUSTICE Requires Authentication Unlicensed Licensed Download PDF	153
Part II. Conflict Within and Beyond Organizations
10. LABOR RELATIONS The Birthplace of Dispute System Design Requires Authentication Unlicensed Licensed Download PDF	171
11. MANAGING CONFLICT IN EMPLOYMENT Requires Authentication Unlicensed Licensed Download PDF	191
12. ARBITRATION IN CONSUMER AND EMPLOYMENT DESIGNS Requires Authentication Unlicensed Licensed Download PDF	210
13. COMMERCIAL DISPUTES Requires Authentication Unlicensed Licensed Download PDF	222
14. CONSUMER DISPUTES Requires Authentication Unlicensed Licensed Download PDF	237
Part III. International and Comparative Systems
15. TRANSITIONAL JUSTICE Requires Authentication Unlicensed Licensed Download PDF	255
16. International Dispute Resolution Requires Authentication Unlicensed Licensed Download PDF	276
Part IV. Multijurisdictional and Complex Systems
17. COLLABORATIVE GOVERNANCE AND DISPUTE SYSTE M DESIGN Requires Authentication Unlicensed Licensed Download PDF	293
18. Designing Dispute Systems for the Environment Requires Authentication Unlicensed Licensed Download PDF	309
CONCLUSION Requires Authentication Unlicensed Licensed Download PDF	325
Appendix: Power as Control i n Dispute Systems Requires Authentication Unlicensed Licensed Download PDF	333
Notes Requires Authentication Unlicensed Licensed Download PDF	335
BIBLIOGRAPHY Requires Authentication Unlicensed Licensed Download PDF	435
Index Requires Authentication Unlicensed Licensed Download PDF	495

Language: English
Publisher: Stanford University Press
Audience: Professional and scholarly;
Pages
- Main content: 536
Illustrations
- Illustrations: 25
Keywords: conflict resolution; alternative or appropriate dispute resolution (ADR); negotiation; mediation; arbitration; dispute system design (DSD); institutional analysis; justice

eBook

Published: June 2, 2020
ISBN: 9781503611368