Dispute System Design
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Dispute System Design
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Author : Lisa Blomgren Amsler
language : en
Publisher: Stanford University Press
Release Date : 2020-06-02
Dispute System Design written by Lisa Blomgren Amsler and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-02 with Law categories.
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.
Digital Dispute System Design
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Author : Amy J. Schmitz
language : en
Publisher: Aspen Publishers
Release Date : 2025
Digital Dispute System Design written by Amy J. Schmitz and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025 with Law categories.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Digital Dispute System Design: Using Technology in Preventing and Resolving Conflicts, First Edition by Amy J. Schmitz and Janet Martinez is a groundbreaking book that will significantly enhance any dispute resolution course. This book is an essential resource for Online Dispute Resolution (ODR) and Dispute System Design (DSD) courses as well as a valuable supplement for any other dispute resolution course. In today''s swiftly-evolving digital world, technology''s integration into dispute prevention and resolution is crucial. As Colin Rule, a pioneer in the field, notes, the shift from traditional methods to digital platforms is profound. With advancements in AI and blockchain, dispute resolution has fundamentally changed. In a time of rapidly-changing technologies, Digital Dispute System Design provides foundational analysis and educates the next generation of practitioners and policymakers. It is a testament to the transformative power of technology and the enduring importance of effective dispute prevention and resolution in our society. For professors, this book offers a comprehensive guide to designing effective digital dispute systems. It provides teaching materials, including a Teacher''s Manual and sample syllabi, to help instructors address the challenges of teaching in this dynamic field. By adopting this book, professors can ensure their students gain the knowledge and skills to ethically and effectively use technology in dispute resolution and dispute system design. Amy J. Schmitz and Janet Martinez, leading experts in ODR and Dispute Systems Design, provide practical and visionary insights. This book is a blueprint for embracing innovation in dispute resolution. "As a self-described tech-curious dispute resolution professional, I found the book to be a groundbreaking text that uniquely combines technology and dispute systems design (DSD). The book offers a comprehensive exploration of current topics and trends in the field, effectively using examples and case studies to illustrate key concepts. I particularly appreciate the authors'' efforts to help readers understand how technology can be intentionally integrated into dispute systems design, a perspective I haven''t encountered in many other DR resources." Alyson Carrel Clinical Professor of Law Co-Director, Center on Negotiation, Mediation, and Restorative Justice Northwestern Pritzker School of Law Benefits for instructors and students: Authors Amy J. Schmitz and Janet Martinez bring unparalleled expertise to this subject. Their combined research, experience, and foresight make this book an authoritative resource. Schmitz, a prolific ODR scholar, and Martinez, a leading thinker in Dispute Systems Design, offer insights that are both practical and visionary. Their collaboration ensures that the book is grounded in real-world applications while also pushing the boundaries of what is possible in the field. The exercises and resources provided for teachers address technological challenges head-on. The text provides a comprehensive guide to the principles and practices of designing digital dispute systems, and equips students and practitioners with the knowledge and skills needed to navigate the complexities of the digital age. By understanding how to leverage technology in dispute resolution, readers will be better prepared to handle the increasing volume and complexity of disputes in our interconnected world. Charts and tables provide a visual summary of key content throughout the book. Exercises provide an opportunity to progress from theory to practice across a wide range of circumstances from diverse perspectives. Chapters dedicated to specific applications of DSD analysis offer real insights into real-world applications of systems thinking to dispute prevention and resolution processes. The book''s content and Glossary, dedicated to explaining the technologies used in dispute resolution, make this text an essential resource for any learner or leader. Chapters dedicated to "soft" and "hard" law provide important guidance as we navigate shifting regulatory environments in technology, especially AI. Recap boxes synthesize key issues, and Example boxes detail real world incidents to illustrate the issues. Case Study boxes provide practice in dealing with a variety of conflict situations; diagnose the source of conflict and the role of technology; and then consider when and where technology can play a role in preventing, managing, or resolving that conflict.
Dispute System Design
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Author : Lisa Blomgren Amsler
language : en
Publisher:
Release Date : 2020
Dispute System Design written by Lisa Blomgren Amsler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
What is dispute system design? -- Analytic framework for dispute system design -- System building blocks : processes for preventing, managing, and resolving conflict -- System design practice -- Accountability : evaluating dispute system design -- Ethics in system design -- Court programs -- Claims facilities -- Communities and justice -- Labor relations : the birthplace of dispute system design -- Managing conflict in employment -- Arbitration in commercial and employment designs -- Commercial disputes -- Consumer disputes -- Transitional justice -- International dispute resolution -- Collaborative governance and dispute system design -- Designing dispute systems for the environment.
Dispute System Design And Organizational Culture
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Author : Paola Cecchi-Dimeglio
language : en
Publisher:
Release Date : 2011
Dispute System Design And Organizational Culture written by Paola Cecchi-Dimeglio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Both culture and Dispute System Design (DSD) affect how conflict is prevented or resolved within and between individuals and organizations. DSD is the intentional and methodical creation of an effective, efficient, and fair dispute resolution process. It is tailored to the unique needs of a particular system or organization. Culture includes essential systems of values and beliefs that affect individuals and organizations. In the context of organizations, we refer to 'organizational culture'. Organizational culture affects the manner in which group members and organizations interact and, among other things, deal with conflict. This connection between organizational culture and DSD has not yet been the subject of much exploration. However, using insight from theories of organizational culture during the process of DSD can contribute to its success and fits the 'organization cultural forum'. By adding insights on the effect of organizational culture we may reinvigorate DSD and further strengthen DSD theory and acceptance. Thus, it may benefit system design professionals and scholars. In this working paper I subdivide DSD in five phases. For each phase, I propose a list of considerations to include organizational culture as a variable in order to optimize DSD. This approach will provide general principles that designers may adapt to specific situations and organizations.
Designing Conflict Management Systems
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Author : Cathy A. Costantino
language : en
Publisher: Jossey-Bass
Release Date : 1996
Designing Conflict Management Systems written by Cathy A. Costantino and has been published by Jossey-Bass this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Business & Economics categories.
As social stresses escalate and organizations experience more turbulence and uncertainty, conflict in the workplace is on the rise. This book presents a clear, step-by-step approach for developing and evaluating conflict management systems within any organization.
The Intersection Of Dispute Systems Design And Transitional Justice
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Author : Andrea Kupfer Schneider
language : en
Publisher:
Release Date : 2011
The Intersection Of Dispute Systems Design And Transitional Justice written by Andrea Kupfer Schneider and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Dispute Systems Design (DSD), the process of creating structures to deal with repeated or systemic disputes, can be applied to both the most mundane and the most horrific of conflicts. We know that human rights violations can be perpetrated by governments or non-state actors, can be regional or national, and can be targeted against a particular group or have random victims. We know that these violations can occur as a spurt of extreme violence over a short time or can last for generations. We also know, historically, of many different methods by which to deal with human rights violations. The goal of this article is to bring together different experiences around the world and different threads of the law - in international, human rights, transitional justice, restorative justice, and dispute resolution - in order to outline the challenges lawyers face when dealing with these complex international situations. Among the many challenges that dispute systems designers face when dealing with human rights violations are the following: (1) Should we be setting up a DSD at all? How can we design systems that both acknowledge the need for justice and promote peace on the ground as soon as possible? (2) Who designs and implements the DSD? How can we design systems that are almost inevitably implemented from the top down while recognizing that the best healing occurs from the bottom up? (3) How is the system designed? How can we as designers be efficient and use the best practices of the past while still customizing each dispute system to take unique account of each individual conflict? (4) What values are promoted by the DSD? How can we explain the push for judicialization of international disputes at the same time that trial rates in the U.S. continue to drop? (5) What remedies are provided by the DSD? How can we design systems for the future while recognizing that the people most affected often need to cope with the past violations before looking to the future? This essay will first explain the challenge posed by each of the questions above, and then suggest some approaches to these challenges based on what we have seen thus far in international and domestic DSD.
2008 Symposium Issue
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Author :
language : en
Publisher:
Release Date : 2008
2008 Symposium Issue written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Dispute resolution (Law) categories.
Dispute Systems Design
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Author : Stephen B. Goldberg
language : en
Publisher:
Release Date : 1989
Dispute Systems Design written by Stephen B. Goldberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Conflict management categories.
Manual Of Dispute Resolution
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Author : Edward A. Dauer
language : en
Publisher:
Release Date : 1994
Manual Of Dispute Resolution written by Edward A. Dauer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Compromise (Law) categories.
Dispute System Design And Justice In Employment Dispute Resolution
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Author : Lisa Blomgren Amsler (formerly Bingham)
language : en
Publisher:
Release Date : 2015
Dispute System Design And Justice In Employment Dispute Resolution written by Lisa Blomgren Amsler (formerly Bingham) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Control over dispute system design brings with it responsibilities. Some employers have chosen to use that control solely for the purpose of risk management, to alter the settlement value of a discrimination case and render it impossible for an employee to obtain effective recourse from the public justice system through the imposition of mandatory arbitration. Other employers, admittedly for whom unilateral imposition of binding arbitration is not a legal option, have instead pursued different objectives: improving opportunities for voice and seeking longer term change in conflict management in the workplace. Looking back over a decade after REDRESS was first implemented, while no program perfectly achieves its design, REDRESS has served and continues to serve its greater purpose, to improve the workplace climate. The institutionalization of the program, its voluntary use by employees, and the significant reduction of formal complaints, suggest that employers may achieve efficiencies through a dispute system design that is voluntary and allows employees to pursue their cases to the public justice system.