This book provides a clear and reliable statement of the law and concepts central to alternative dispute resolution (arbitration, negotiation, mediation, and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly changing body of statutes and case law accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice, and legal doctrine.

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and case law accessible to the student or lawyer. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice, and legal doctrine.

Principles of Dispute Resolution 2nd edition has been revised to provide up-to-date commentary on the development of the law. In particular, the text focuses on the new and amended legislation in both State and federal jurisdictions, along with the developing case law on dispute resolution. Topics covered by this work include -- What is dispute resolution? -- Negotiation -- Mediation -- Arbitration -- Additional dispute resolution processes such as: conciliation; partnering; dispute review advisers and boards; and adjudication, appraisals and determinations -- Jurisdictional hybrids of dispute resolution such as: collaborative law; restorative justice; combined processes; and online dispute resolution -- Statutory dispute resolution schemes -- Legal issues such as: confidentiality; privilege; immunity; enforceability of settlement agreements; and enforceability of dispute resolution clauses in contracts -- Ethics and standards -- The future of dispute resolution.

ADR: Principles and Practice is an essential Alternative Dispute Resolution title. The third edition will cover theory, principles and practice of ADR especially mediation, providing understanding, guidance and authority. It will explore and integrate models of practice; examine strategies; provide precedents; assist practitioners, policy makers and the judiciary in addressing the issues affecting practice; and generally provide an encyclopaedic work of reference for practitioners and students.