Commercial Conflict Management and Dispute Resolution
By Peter Fenn
Routledge – 2012 – 168 pages
Commerce is inherently complex and the sums of money involved can be astronomical, so it is no surprise that conflicts and disputes are all too common. There are numerous techniques designed to resolve these problems, and this book summarizes the most important of these, as well as alternative dispute resolution methods. The reader seeking a deeper understanding of these procedures will also find clear explanations of the principles and methods for conflict management, such as negotiation, risk management, mediation and conciliation.
As well as outlining these different techniques, guidance on which approach is appropriate in common situations is also given, helping the reader apply what they have learned to the real world. The significance of cultural issues is explained, before the reader is presented with suggestions for how to take these into account. Throughout, the book is illustrated with case studies from examples as diverse as Mumbai's DabbaWalla, The First World War and Terminal 5 at London Heathrow.
Written with undergraduate students in mind, this book also serves to give a neat and brief overview for professionals. Those studying or working in commerce generally, construction project management, construction management, and construction law will find this to be an invaluable book.
"…an interesting and well-done book…physically attractive and highly readable.”
– Construction Management and Economics
1. Introduction 2. Conflict and Dispute 3. Conflict Management and Dispute Avoidance 4. Negotiation 5. Mediation 6. Adjudication 7. Arbitration 8. Other ADR Techniques 9. Cooperation and Collaboration 10. Game Theory 11. The Stages of Dispute 12. The Psychology of Disputes Appendix. The UNCITRAL Model Law on International Commercial Arbitration Ratification and Commercial Reservation
Peter Fenn is a Senior Lecturer at the University of Manchester and a Mediator and an Adjudicator on the President's Panel at the Chartered Institute of Arbitrators (CIArb) and a Mediator on the Presidents Panel at the Royal Institution of Chartered Surveyors (RICS). He is also a Trustee of CIARB an elected member of the Dispute Resolution Faculty Board at the RICS.