Comparative Dispute Resolution

Edited by Maria Federica Moscati, Senior Lecturer, School of Law, University of Sussex, UK, Michael Palmer, Emeritus Professor of Law, SOAS, and Senior Research Fellow, IALS, University of London, UK, Senior Research Fellow, Hong Kong Institute of Asia-Pacific Studies (HKIAPS), Chinese University of Hong Kong, and Cheng Yu Tung Visiting Professor of Law, University of Hong Kong and Marian Roberts, practising family mediator, SE London Family Mediation Bureau and an Adviser to the College of Mediators, UK

• Contents:[A] INTRODUCTORY1. Introduction Maria Federica Moscati, Michael Palmer and Marian RobertsB] DISPUTES2. Restorative Responses to Intimate Partner Violence Donna Coker 3. Dispute Avoidance Fiona Cownie and Anthony Bradney 4. Conflict Analysis and Conflict Intervention: Do Theoretical Understandings of Conflict Shape Conflict Intervention Approaches? Joseph P. Folger 5. ViolenceMichael Palmer [C] NEGOTIATION6. The Opening Statement in Mediation: A Goffman Analysis Debbie de Girolamo 7. (Mindfully) Negotiating around ‘Lies’: The Science of Nonverbal Communication for ‘Soft’ and ‘Hard’ CulturesClark Freshman 8. The Negotiative Function of Law in International Dispute ResolutionAmy Kellam9. Negotiating Within Legal Ambiguity: Same-Sex Partners, Family Disputes and Negotiation in Italy Maria Federica Moscati10. Rethinking Analysis of Homelessness Applications: the Role of Negotiation and Disputing BehaviourPatricia NG[D] MEDIATION11. Through the Looking Glass: exploring the regulatory-ethical eco-system for mediation Nadja Alexander12. Square Pegs and Round Holes: The Divergent Roles of Lawyers and Mediators Lesley Allport13. Elder Mediation: An Emerging Field of PracticeDale Bagshaw14. Mediator Styles Kenneth Kressel15. Mediation PrivilegeGary Meggitt16. Mediation Processes Linda Mulcahy17. Gulliver’s cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice.Marian Roberts18. Personae non grata: Interpreters in Mediation Brooke Townsley19. Civil Case Mediation in the United StatesJames A. Wall[E] UMPIRING: ADJUDICATION, ARBITRATION & LITIGATION20. Judicial Conflict Resolution (JCR) in Italy, Israel and England and Wales: A Comparative Look on the Regulation of Judges’ Settlement ActivitiesMichal Alberstein & Nourit Zimerman 21. Arbitration in Comparative Perspective Gu Weixia22. Courts and Dispute Resolution in Japan John Haley23. Algorithmic Justice: Dispute Resolution and the Robot Judge?John Morrison & Adam Harkens24. Regulating the Cost of Access to Justice in Environmental Matters in the Member States of the European UnionÁine Ryall25. Unrepresented Parties as “Professionals” in China’s Consumer Dispute ProcessesZhou Ling[F] MIXED PROCESSES and HYBRID SYSTEMS26. The Role of Ombuds—A Comparative PerspectiveNaomi Creutzfeldt27. Alternative Dispute Resolution through Restorative Justice: An integrated approach Theo Gavrielides28. Hybrid and Mixed Dispute Resolution Processes: Integrities of Process Pluralism Carrie Menkel-Meadow29. Regulatory Regime for Online Dispute Resolution (ODR): Current Forms and Future DevelopmentZHAO Yun[G] CHANGING CULTURES, CHANGING SYSTEMS30. Mediation in the Russian Federation W. E. Butler31. Transplants, Re-Use, and Adaptation: Voluntarism in the Irish Mediation Act 2017 as a Comparative UndertakingAonghus Cheevers 32. Restoring the National Convivencia through Transitional Justice: The Chilean CaseAnita Ferrara33. Dispute Resolution Processes in Islamic CulturesMohamed M Keshavjee34. Dispute Resolution in South Korea Dohyun Kim & Chul-woo Lee35. “Different spaces, Different laws”: The role of state forums in non-state dispute processing in IndiaKalindi Kokal36. Shifts in Dispute Resolution Processes of West African StatesEmelia Onyema37. The Art of Mediation: Law and Rhetoric in Medieval Tibet Fernanda Pirie38. Local Law and Dispute Resolution Mechanisms under Negotiation in Emerging South SudanKatrin Seidel 39. Commercializing Alternative Dispute Resolution Processes in Resolving Financial Disputes in ChinaShen WeiIndex

‘This volume is an important and timely contribution to the growing literature on comparative dispute resolution which has been made even more important by the adoption of the Singapore Convention on Mediation in 2019 and the acceleration of the use of online dispute resolution processes due to the appearance of COVID 19. The editors and contributors deserve recognition for their achievement in providing this rich resource for us.’