Author: Shafeek S. Sanbar
Publisher: Elsevier Health Sciences
Regarded as the citable treatise in the field, "Legal Medicine" explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. This updated edition features comprehensive discussions on a myriad of legal issues that health care professionals face every day. It includes 20 brand-new chapters that address the hottest topics in the field today and also serves as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM).
Author: Miriam K. Mills
Publisher: Wadsworth Pub Co
Category: Business & Economics
The goal of Alternative Dispute Resolution (ADR), an alternative to the overwhelmed, traditional court system, is to solve disputes quickly, informally, and economically. Aternative Dispute Resolution in the Public Sector takes a balanced look at both the strengths and the shortcomings of ADR as it applies to the critical public policy areas of labor relations and the environment. Issues such as the positive and negative effects of informality and public involvement in the dispute resolution process are discussed, as are the short- and long-term effects of ADR and the implications for due process. Divided into three sections, the book presents a general overview of the dispute resolution process and an in-depth look at ADR's application to labor relations and environmental issues.
Author: Joachim Zekoll,Moritz Bälz,Iwo Amelung
Publisher: Martinus Nijhoff Publishers
In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.
ADR in Action
Author: Karl J Mackie,Karl Mackie
Category: Social Science
A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.
Publisher: Juris Publishing, Inc.
ADR & the Law is the flagship publication of the American Arbitration Association ® (AAA). It is a one-stop reference for attorneys, business executives, scholars and anyone who needs to track worldwide developments in alternative dispute resolution. Each consecutive volume presents a review of the year's most influential domestic and international ADR case law and legislation, along with expert commentary. The book includes significant court decisions, analysis of current trends, highlights of important domestic and foreign legislation and new ADR rules and procedures. Each volume is an essential addition to a professional library. Each Volume Contains: Significant Decisions by Federal and State Courts Articles on Such Topics as: Employment Labor Mediation Judicial Review Domestic Alternative Dispute Resolution Legislation Significant Decisions by U.S. Courts Concerning International Alternative Dispute Resolution International Alternative Dispute Resolution Developments International Arbitration in Specific Countries
Author: Myra Warren Isenhart,Michael L. Spangle
Category: Business & Economics
This book explains how approaches such as negotiation, mediation, facilitation, arbitration and judicial practices can be employed to manage a range of disputes from those at home, in the workplace, school or community to the international arena.
Author: Vijay Kumar Bhatia,Christopher Candlin,Maurizio Gotti
Publisher: Peter Lang
Category: Language Arts & Disciplines
This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.
A Developing World Perspective
Author: Albert Fiadjoe
This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
Resolving Conflict to Build Collaboration
Author: Leonard J. Marcus,Barry C. Dorn,Eric J. McNulty
Publisher: John Wiley & Sons
Renegotiating Health Care Since the first edition of Renegotiating Health Care was published in 1995, new treatments, technologies, business models, reimbursement methods, and regulations have tangibly transformed the substance of health care negotiation. This thoroughly revised and updated edition of Renegotiating Health Care offers a practical guide to negotiation and conflict resolution in the health care field. It explores why unresolved conflict can hamper any organization's ability to make timely, cost-effective decisions and implement new strategies. The book focuses on the complex interactions between those who deliver, receive, administer, and oversee health care. It defines negotiation techniques and conflict resolution approaches that can improve efficiency, quality of care, and patient safety. Renegotiating Health Care outlines strategies and methods to resolve the myriad thorny issues encompassing the health care enterprise. It should be required reading for students and professionals in health services management, clinicians, leaders, policy makers, and conflict resolution experts working in the health care field. Praise for Renegotiating Health Care "An outstanding book! I learned their principles of meta-leadership while at the CDC and continue to use them at ABC News. This book is a must for anyone in leadership: practical, intuitive, and priceless." —Richard E. Besser, MD, chief health and medical editor, ABC News "This book is a must-read to assist today's health professional navigate the ever-changing health care delivery system. Leadership will be the key to success." —Pat Ford-Roegner, RN, MSW, FAAN, senior health consultant and former CEO, American Academy of Nursing
Author: Jacqueline M. Nolan-Haley
Publisher: West Academic Publishing
This title presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids such as arb-med, med-arb, consensus-building as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration. Each chapter contains a bibliography. This is a must read for anyone interested in the field of dispute resolution.
Author: Diana J. Mason,Judith K. Leavitt,Mary W. Chaffee
Publisher: Elsevier Health Sciences
Featuring analysis of healthcare issues and first-person stories, Policy & Politics in Nursing and Health Care helps you develop skills in influencing policy in today's changing health care environment. Approximately 150 expert contributors present a wide range of topics in policies and politics, providing a more complete background than can be found in any other policy textbook on the market. Discussions include the latest updates on conflict management, health economics, lobbying, the use of media, and working with communities for change. With these insights and strategies, you'll be prepared to play a leadership role in the four spheres in which nurses are politically active: the workplace, government, professional organizations, and the community. Comprehensive coverage of healthcare policies and politics provides a broader understanding of nursing leadership and political activism, as well as complex business and financial issues. Expert authors make up a virtual Nursing Who's Who in healthcare policy, sharing information and personal perspectives gained in the crafting of healthcare policy. Taking Action essays include personal accounts of how nurses have participated in politics and what they have accomplished. Winner of several American Journal of Nursing "Book of the Year" awards! 18 new chapters ensure that you have knowledge of the most up-to-date information on policy and politics. The latest information and perspectives are provided by nursing leaders who influenced health care reform with the Patient Protection and Affordable Care Act of 2010.
Conflict Resolution In Business, Families, And The Legal System, Second Edition
Author: Linda Singer
Category: Social Science
Within the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the new settlement alternatives. This updated edition, in response to the rapid changes of the past five years, includes substantial new material that describes recent transformations in the way that courts and public agencies respond to disputes. The book discusses alternative dispute resolution from the viewpoints of potential participants and offers advice to those who are involved in disputes to help them analyze their situations and goals. Finally, it provides suggestions for professionals involved in dispute resolution and for those whose jobs in law, business, or government are affected by the new options for settling disputes.The dispute resolution movement continues to offer the most hopeful, powerful alternative to the business and personal costs of litigation or, worse, of violence. It has tremendous implications for the professional lives of Americans, for their private lives?as parents, spouses, neighbors, and consumers?and for their role as citizens.The first edition of Settling Disputes was awarded the 1990 Center for Public Resources Book Prize.
Author: Henry S. Kramer
Publisher: Law Journal Press
Alternative Dispute Resolution in the Work Place is essential for anyone responsible for the management of legal risk in the work place. Whether you need information on the latest cases and alternative dispute resolution (ADR) programs or guidance on how ADR can affect your company's or clients' interests, you will want to have this book close at hand. It explains the pros and cons of relying on ADR, the complex legal and practical issues involved in creating an ADR program, the forms of ADR currently in use, the latest developments in the law, and the practical tips, tricks and traps employment professionals need to know about. Coverage includes: the intricacies of mediation, arbitration and other techniques; industry-specific ADR; how to decide whether ADR is the right approach for your organization or client; what employers can and can't do in an ADR program; and when a court may overturn the results of an ADR proceeding. This easy-to-use deskbook also includes useful suggestions and sample clauses to aid in the design of an ADR program, with examples of different approaches.
Author: Paul C. Weiler
Publisher: Harvard University Press
Examines the medical malpractice crisis, suggests shifting insurance responsibility from doctors to hospitals, and proposes a no-fault liability system
Proceedings of the New York University 53rd Annual Conference on Labor
Author: Samuel Estreicher,David Sherwyn
Publisher: Kluwer Law International
On the strength of the landmark 1991Gilmer decision of the U.S. Supreme Court�which set a precedent precluding employees from litigation against their employers if they had signed a pre-dispute mandatory arbitration agreement�many U.S. companies have developed mandatory alternative dispute resolution (ADR) policies for employees. However, the issue is far from settled. A major segment of the U.S. labor and employment law community, including the powerful Equal Employment Opportunity Commission (EEOC) and numerous high-profile academics, contend that such agreements are unenforceable, and indeed should be unenforceable as a matter of policy. This controversy was the theme of New York University�s 53rd Annual Conference on Labor. This long-standing, influential conference is the premier forum for bringing together legal practitioners, academics and researchers, government officials, representatives of companies and labor unions, and human resources specialists to explore solutions to problems in the American workplace. The Conference has recently been brought under the umbrella of the Center for Labor and Employment Law at the New York University School of Law, chaired by Professor Samuel Estreicher. This valuable symposium addresses such provocative questions as the following: What is corporate America doing with respect to ADR? How have in-house ADR programs fared? Is ADR an economically efficient method to resolve disputes? Do due process protocols affect outcomes? Is post-dispute voluntary arbitration a viable alternative to pre-dispute mandatory arbitration? Are Gilmer agreements possible in the union setting? How does arbitration address class actions and injunctions? Is mediation the better form of ADR? In addition to addressing the technical legal questions, this volume, which reprints the proceedings of the 53rd Annual Conference on Labor, features empirical work that provides data to answer many of the questions that form the basis of many of the policy arguments.This wide-ranging yet incisive survey of expert opinion and analysis in the field will be of great value to all professionals involved in the law and policy attendant on labor and employment in the United States.
The Indian Perspective
Author: Shashank Garg
Publisher: Oxford University Press, USA
Alternative dispute resolution (ADR), as a mechanism to resolve disputes, has gained wide acceptance in India. This is primarily because the traditional adversarial system of dispensing justice is dilatory, expensive, and, many a time, ineffective. The recent spurt in India's economic development coupled with the renewed confidence of foreign investors to invest in India has also made it imperative that India provides a swifter justice delivery system to resolve commercial disputes. The volume examines some of the important aspects of dispute resolution being practiced in India. More than twenty national and international experts from various fields within the domain of dispute resolution have come together to answer some of the most complex issues and shed light on the usage of the best practices of dispute resolution in India. The work aims to enhance the understanding of the legal issues related to dispute resolution, and provides an updated account of law incorporating the recent Arbitration and Conciliation (Amendment) Act, 2015.
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.