Voldgift, mediering og alternativ konfliktløsning

"There's no shortage of negotiation books that advise you to "get to yes," urge you to "never split the difference," and push you to "ask for more." But these one-size-fits-all negotiation techniques disregard the reality of our complex, multifaceted, multicultural world, where snap judgements are made based on perceived differences. When bias lies behind every negotiation, the only constant is you. Learn to leverage who you are-and gain the upperhand. Negotiating While Black is the indispensable guide that lawyer and mediator Damali Peterman wishes had existed earlier, as she navigated workplaces as the only Black woman, advocated for her children attending predominantly white schools, and mediated countless other bias-ridden settings. Drawing on these experiences together with decades of wisdom as a trained negotiator in high-stakes situations, Peterman has developed successful strategies notably absent from other top negotiation books-tactics that work for all people, no matter your identity. From the Foundational Five skills to the Negotiation Superpowers, these tried-and-true techniques will lift you to the next level of winning. Whether negotiating in the boardroom or in everyday life, Peterman shows how everything is potentially up for discussion-even when stakes (and emotions) are high. You can't control bias, but by being yourself, you actually have a better shot at getting what you want. Because when you arrive prepared and proud of who you are, you'll reap the rewards"--

Updated for the 2023 SQE1 specification, Revise SQE Dispute Resolution is written for anyone preparing for the Solicitors Qualifying Examination (SQE1) assessment.

Obwohl sieben der neun Menschenrechtsverträge auf Ebene der Vereinten Nationen die Möglichkeit eines Staatenbeschwerdeverfahrens eröffnen, kam dieser Verfahrensart über Jahrzehnte hinweg keinerlei praktische Bedeutung zu. Im Frühjahr 2018 erreichten den CERD-Ausschuss dann jedoch gleich drei verschiedene Staatenmitteilungen. Die erstmalige Aktivierung des Verfahrens fast 50 Jahre nach Inkrafttreten des Internationalen Übereinkommens zur Beseitigung jeder Form von Rassendiskriminierung (CERD) kann dabei als eine historische Entwicklung bezeichnet werden.Vor diesem Hintergrund bietet dieses Buch erstmals eine umfassende Auseinandersetzung mit dem Staatenbeschwerdeverfahren nach Art. 11-13 CERD und den sich daraus ergebenden völkerrechtlichen Fragen. Unter Auswertung der jüngsten Praxis des CERD-Ausschusses und der ad hoc Vergleichskommission wird die Funktionsweise des Verfahrens detailliert dargestellt, wobei immer wieder Parallelen zu den Mechanismen anderer Vertragsregime gezogen werden. Auf diese Weise soll die Arbeit auch zu dem Verständnis vergleichbarer Staatenbeschwerdeverfahren anderer Menschenrechtsverträge beitragen und zugleich die Bedeutung des Phänomens zwischenstaatlicher Streitbeilegung in Menschenrechtsfragen stärker in den Vordergrund rücken.

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible.This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People¿s Courts¿ approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.

In the shadows of today's dynamic digital landscape, an insidious menace lurks: online trolls. In 'Trolled - From Victim to Victor', you can follow the incredible journey of Khuraman Armstrong, a resilient Australian entrepreneur who refused to be silenced by the malicious forces that attacked her, en masse, with the single intent of destroying her personal reputation and that of her Enjoy Dark Chocolate business.A successful businesswoman, Khuraman experienced the exhilaration of successfully building her brand, connecting with customers, and delivering exceptional products and services, predominantly through social media channels. Born in Azerbaijan, Khuraman was exposed to a wealth of cultures, traditions and foods that also became a passion she shared with the world.However, in 2020 her success was overshadowed by a relentless onslaught of online trolling, threatening to tear down everything she had painstakingly built. Determined to defend her reputation and protect her business, Khuraman made a choice that would change her life forever: she took her tormentors to court.Khuraman's inspiring story of life, culture, and conflict serves as a beacon of hope for victims of cyberbullying, reminding us that we have the power to reclaim our lives and emerge stronger from even the darkest of battles.

This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act.The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft.  The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade.  The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.

Conflict Reimagined: A Modern Manager's Guide to Resolving Workplace Disputes is the essential guidebook every manager and HR professional needs to navigate and defuse conflicts in today's complex workplace environments.Every business experiences conflict, but how those disputes are managed can drastically affect an organization's overall health and success. This book provides insightful strategies, practical tools, and real-world examples to help you turn conflicts into opportunities for growth, innovation, and strengthened relationships.UNDERSTANDING CONFLICT is more critical than ever. This comprehensive guide dives deep into the nature of conflict, why it occurs, and how it impacts teams and organizations. It helps readers reimagine conflict as not a negative, disruptive force but a catalyst for change and improvement.The KEY TO RESOLUTION lies in effective management. By understanding the underlying causes of conflict and applying the principles and strategies outlined in this guide, you can become adept at turning disputes into productive dialogues and challenges into transformative solutions.This book is packed with PRACTICAL ADVICE on topics including:Mastering the art of communication to defuse tensionApplying alternative dispute resolution (ADR) techniques in a business settingImplementing effective policies to prevent and manage conflictsPromoting a culture of diversity and inclusion to reduce conflictsEmbracing data-driven decision-making to resolve disputes effectivelyConflict Reimagined is an essential resource for anyone in a managerial or HR role who wants to foster a harmonious, productive work environment. It's the guide you need to transform your perspective on conflict, understand its roots, and develop the essential skills to manage and resolve disputes effectively.Empower yourself with the knowledge and skills to navigate the complex terrain of workplace disputes. Master the art of conflict resolution with Conflict Reimagined: A Modern Manager's Guide to Resolving Workplace Disputes.

This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.

Discover the Art of Harmonious Solutions: "Conflict Resolution in Various SettingsEmbark on a transformative journey into the heart of conflict resolution with this captivating guide that unveils the secrets to mastering conflicts in every aspect of life. "Conflict Resolution in Various Settings" is your essential compass to navigate the complexities of human interactions and emerge victorious, fostering understanding, empathy, and positive change. Uncover the Blueprint for Constructive ConversationsDive headfirst into a world where disagreements cease to be obstacles and instead become stepping stones to growth. Whether it's diffusing workplace tensions, nurturing family bonds, or forging connections in the digital realm, this book equips you with the essential tools to initiate and maintain constructive dialogues. With actionable techniques derived from psychology, communication theory, and real-world scenarios, you'll be empowered to take the lead in creating win-win solutions.Explore the Diversity of Conflict ResolutionsFrom boardrooms to bedrooms, and social circles to societal shifts, "Conflict Resolution in Various Settings" spans the gamut of human connections. As you explore the intricacies of workplace dynamics, intimate relationships, online interactions, and global communities, you'll uncover the art of embracing differences and crafting pathways to harmony.Transform Conflicts into Catalysts for ChangeDiscover the untapped potential within conflicts as you journey through chapters that reveal the path to positive transformation. Learn how to channel tensions into societal change, champion social justice, and become an agent of a more equitable future. You'll gain the tools to not only resolve conflicts but also reshape your world by harnessing their power for the greater good.Embark on Your Journey as a Master Conflict ResolverAre you ready to step into a realm where conflicts are opportunities waiting to be seized? "Conflict Resolution in Various Settings" invites you to become a master conflict resolver, armed with insights, strategies, and a renewed perspective on conflicts. Unleash your potential to communicate effectively, empathize deeply, and make a lasting impact on every facet of your life.Don't miss out on this transformative guide. Unlock the key to harmonious connections and seize your copy of "Conflict Resolution in Various Settings" today! Your journey to becoming a master conflict resolver awaits.

"Start building bridges instead of barriers! This essential guide offers a simple 4-part framework that will help you have honest and enlightening conversations despite deep and fundamental disagreements. Divisions are on the rise around the world, and 2024 may well be a peak year. We're losing the ability to disagree without demonizing. There is a deep need for this practical and accessible guide to having challenging conversations in any situation, from the workplace to the classroom to the dinner table. It's not about saying the right words at the right time but something vastly deeper. In this book, you'll discover the 4 pillars of respectfully disagreeing: Focus on learning not lecturing; Fill in the gaps with curiosity not conclusions; Find the grey, not the black and white; Formulate your plan to humanize and not harm. But this is not a weighty tome. Each chapter features a cartoon, and Justin Jones-Fosu tackles this serious subject with a playful and compassionate tone. For example, he writes "I have become more and more intentional in my desire to respectfully disagree with others (except those who think putting ketchup on eggs is wrong...there is no hope for respect there)." With a wide range of examples and exercises throughout, this is a timely and reader-friendly handbook to disagreeing with someone's ideology while passionately pursuing their humanity"--

Zunehmend komplexe Vertragsstrukturen führen dazu, dass mehrere Verträge umfassende Streitigkeiten auch auf Ebene der Schiedsgerichtsbarkeit an Relevanz gewinnen. Die Durchführung schiedsgerichtlicher Mehrvertragsverfahren bringt indes Herausforderungen mit sich, welche nicht zuletzt in der privatautonomen Natur der Schiedsgerichtsbarkeit wurzeln. Die Autorin greift dieses praxisrelevante Thema auf und bewertet die Chancen und Risiken derartiger Verfahren. Dies geschieht durch wissenschaftliche Auseinandersetzung mit den spezifischen Herausforderungen schiedsgerichtlicher Mehrvertragsverfahren (auch unter Beteiligung Mehrerer), der Erörterung erforderlicher Verfahrensanpassungen sowie vergleichender Analyse der nationalen sowie institutionellen Rahmenbedingungen und Bestimmungen hierzu.