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This volume presents some of the findings from a project on various aspects
of Alternative Dispute Resolution (ADR), including conciliation, mediation,
and arbitration. To study the discursive practices of ADR today, an
international initiative has been undertaken by a group of specialists in
discourse analysis, law, and arbitration from more than twenty countries.
The chapters in this volume draw on discourse-based data (narrative,
documentary and interactional) to investigate the extent to which the
'integrity' of ADR principles is maintained in practice, and to what extent
there is an increasing level of influence from litigative processes and
procedures. The primary evidence for such practices comes from textual and
discourse-based studies, ethnographic observations, and narratives of
experience on the part of experts in the field, as well as on the part of
some of the major corporate stakeholders drawn from commercial sectors.
Contents:
Vijay K. Bhatia/Christopher N. Candlin/Maurizio Gotti: Introduction -
Giuliana Garzone: Promoting Arbitration and Mediation on the Web - Paola
Catenaccio: Framing the Discourses of Arbitration and Mediation: A
Comparative Analysis - Stefania M. Maci: The Modus Operandi of Litigation
in Arbitration - Anne Wagner: Acquiring Knowledge in the International
Commercial Arbitration Space in France - Olga Denti/Michela Giordano: Till
Money (and Divorce) Do us Part: Premarital Agreements in American and
Spanish Legal Discourse - Larissa D'Angelo: Online Dispute Resolution in
Italy: State of the Art and Future Perspectives - Celina Frade: Linguistic
Pathologies in Arbitration Clauses - Michele Sala: Arguing the Case:
Discoursal Aspects of Italian Commercial Arbitration - Chiara Degano:
Indicators of Argumentation in Arbitration Awards: A Diachronic Perspective
- Patrizia Anesa: Spoken Interaction in Arbitration: An Analysis of Italian
Arbitration Proceedings - Girolamo Tessuto: US Commercial Arbitration Rules
and Mediation Procedures: Linguistic and Discoursal Features of a Genre in
Action - Alessandra Fazio: Variation in the Juridical Language of Sports
Arbitration.
The Editors:
Vijay K. Bhatia is a Visiting Professor of English at the City University
of Hong Kong. His research interests are: Genre Analysis; ESP and
Professional Communication; simplification of legal and other public
documents; cross-cultural and cross-disciplinary variations in professional
genres. Two of his books, Analysing Genre: Language Use in Professional
Settings and Worlds of Written Discourse: A Genre-based View, are widely
used in genre theory and practice.
Christopher N. Candlin is Senior Research Professor in the Department of
Linguistics at Macquarie University, Sydney. His research interests
encompass discourse analysis and pragmatics, and their application to
workplace and professional-client communication in the fields of law,
dispute resolution, medicine and healthcare, and in disciplinary variation
in academic discourse.
Maurizio Gotti is Professor of English Linguistics and Director of the
Research Centre on Specialized Languages (CERLIS) at the University of
Bergamo. His main research areas are the features and origins of
specialized discourse. He is a member of the Editorial Board of national
and international journals, and edits the Linguistic Insights series for
Peter Lang.
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