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Complex Dispute Resolution Volume 2: Multi-Party Dispute Resolution, Democracy and Decision-Makin

Edited by: Carrie Menkel-Meadow

ISBN13: 9780754627999
Published: March 2012
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £325.00



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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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Introduction
Part I Introduction: Process pluralism for complex multi-party dispute resolution and deliberative democracy, Carrie Menkel-Meadow.;
Part II Foundational Issues in Multi-Party Dispute Resolution: How is It Different?: Strategic barriers to dispute resolution: a comparison of bi-lateral and multi-lateral negotiations, Robert Mnookin
What have we learned about teaching multi-party negotiation, Lawrence Susskind, Robert Mnookin, Lukasz Rozdeiczer and Bruce Fuller
Sequencing to build coalitions: with whom should I talk first, James K. Sebenius
Deliberative trouble: when groups go to extremes, Cass Sunstein
Strategic uses of argument, Jon Elster.;
Part III Practice: Complex Dispute Processes and decision Making in Action: Coalitions, Leigh Thompson
Norms of deliberation: an inductive study, Jane Mansbridge et al.
Voting, Howard Raiffa
Proceeding to a constitution: a multi-party negotiation analysis of the Constitutional Convention of 1789, Dana Lansky
Mediating the war of olives and pines: consensus building land use planning in a multi-cultural setting, Hephzibah Levine
What is consensus?, Lawrence Susskind and Jeffrey Cruikshank
On the ethics of planning: what profiles of planners can teach us about practical judgment and moral improvisation, John Forester. Part IV Deliberative Democracy and Consensus Building Processes: The lawyer's role in deliberative democracy, Carrie Menkel-Meadow
Mediating public disputes: obstacles and possibilities, Lawrence Susskind and Connie Ozawa
Managing meetings to build consensus, David Straus. Part V Evaluations of Multi-Party Decision Making and Deliberative Democracy: Implementing consensus-based agreement, William Potapchuck and Jarle Crocker
Regulatory negotiation and the legitimacy benefit, Jody Freeman and Laura Langbein
Scaling up deliberative democracy as dispute resolution in health care reform: a work in progress, Carrie Menkel-Meadow. Part V Coda, Carrie Menkel-Meadow
Name index.