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It works on two levels- the stories are simple enough for my 10 yr. old to understand and yet profound enough to have made me cry... and we both just love the pictures that illustrate each of the lessons (what a wonderful idea! it really helps the message "stick" in your head- my son just loves the whales) This book is giving our family so much to think about- it really is something special. I have other books from the Eyres, but this is my favorite
The importance of this book is as a survey of the various rules and rulings in a number of countries that impact e-commerce. The book does not attempt to be an exhaustive reference to the rules of any country in particular. Instead, it uses rulings in various countries as a way of illustrating the direction of and the differences between laws of various countries that may influence e-commerce. This approach is important because current laws will change rapidly. A survey of different approaches provides readers with an indication of the course rule making may take in the future.
The book has an excellent section on VAT and e-commerce. For U.S. readers, the book may be worth buying for this information alone, since VAT will become increasingly important to U.S. vendors engaged in sales into VAT countries.
The book concludes with a long section on tax policy. This section is a good survey of different approaches, and is helpful in thinking about the way things may go in the future.
The work is based on more than six years of research into conflict management systems in the United States. The authors draw upon surveys of general counsel of Fortune 1000 corporations, onsite interviews with over 700 executives, managers and attorneys in sixty firms and extensive interviews with individuals operating as neutral parties in the settlement of conflicts and disputes.
Based upon their research, the authors conclude that "... there is a sea change in U.S. organizations that reflects an emergence of systems of conflict management and a new paradigm for organizations" (p.5). Their finding, they note, is independently confirmed in research conducted in 1999 by Bingham and Chachere who found that "about half of [U.S.] 'large' private employers ha[d] established some sort of formal dispute resolution procedure for their nonunion employees"(p. 81).
With this major movement established, the authors proceed to explain the reasons for the shift to conflict management systems, the processes that have emerged to service that demand, how those systems were created and implemented and the challenges that lie ahead in the field.
Importantly, the authors immediately focus on the corporate interests that drive the development and implementation of alternative systems for conflict management. Overwhelmingly, the primary driver in developing alternative systems to replace litigation procedures is the belief that dispute resolution can be accomplished at less cost in dollars and time." (p.6).
"In our survey of the Fortune 1000," the authors write, "about 80 percent of the respondents told us that saving time or saving money was the primary reason the corporation had used ADR" (p.313). The implications of this finding are clear and reflected, as the authors point out, in the fact that "... the vast majority of corporations favor dispute management over conflict management" (p.313).
Having presented us with the primary drivers as well as several other contributing factors, the authors move into a discussion of alternative management systems and their components. Readers will learn the pros and cons of the main features of these systems. It is truly a handbook of elements for both the decision-maker and the designer.
The book explores who is eligible in most systems, the essential elements for judging the fairness of a system, the issues of who pays the costs, training requirements, the use of outside "neutral" parties and a host of other common design features in considerable detail. You will find the most common element, the Open Door, explored with its drawbacks and its contributions. Additionally, you will find a careful discussion of other features such as "hotlines," ombudspersons, resolution facilitators, internal peer mediation and external "neutral" ad hoc personnel. Always, the authors present the pros and cons of each of the possible components.
Professors Lipsky, Seeber and Fincher then lead the reader through the process of system design and implementation, citing key steps along the way. Always, their work is based on findings from major U.S. organizations that have engaged in the process.
As they examine the process, the authors provide the reader with another very valuable part of their work by confronting the issues inherent in evaluating the systems. Their findings will be either a comfort or a source of devastation for the planner.
The authors put the matter succinctly and critically. The frame for evaluation is necessarily couched in the key question: "As compared to what?" (p.269).
Indeed, the answer is far from easy. Rather, it may be astonishingly elusive.
The challenge of evaluation is one the authors explore in detail, showing various evaluation schemes in practice in American corporations today. Results, alas, yield data far from business case standards. "Leaders of organizations, even if they believe in conflict management," they conclude, "are often faced with going forward in the absence of any hard evidence about the benefits of the system" (p.308).
"There is in fact very little hard evidence that corporations actually do save time and money by using ADR ...," they conclude (p. 313). "Furthermore," they assert, "it is not clear to us that many corporations are even gathering the information necessary to make a cost benefit analysis" (p.313).
As befits a work of this breadth and depth, the authors do not disappoint us as they turn their attention at the close of their work to the future of conflict management systems. Their work is insightful and thorough.
"Contrary to much of the popular literature and perceptions regarding ADR and somewhat surprising to us," the authors conclude "we do not believe that the ADR movement has achieved the critical mass necessary to institutionalize it within most large businesses and organizations" (p.315). And yet, the authors are confident that the future trend is toward the expansion of alternative dispute resolution procedures, but far less certain about the broad expansion of conflict management systems. It is an area with unresolved issues and significant promises. Readers will find thought provoking and useful discussion of these issues as the conclusion to the work.
There is far more in this book than this review touches upon. Additionally, readers will find an extensive bibliography, current research statistics, informative footnotes and an eminently useable glossary.
Highly recommended.
John Baker, Ph.D.
Editor, The Negotiator Magazine
List price: $27.50 (that's 50% off!)
In this timely book, the authors build on the philosophical foundation of Pascal's Wager to advance what I will call Freeman's Wager:
"assume that it is reasonable to bet that there is in fact an environmental crisis. The consequences of being wrong are too great to bet otherwise."
The consequences of this wager for our children and future generations inform and lend urgency to the arguments advanced in this work.
Recognizing the ambiguity of "truth" in relation to the health of the environment and the contentious nature of public discourse on this topic, the authors advance four new environmental strategies for businesses: (1) light green, (2) market green, (3) stakeholder green, (4) dark green. Each of these strategies has its own logic and they do not represent a continuum requiring inevitable motion along a predetermined path.
Rather, these strategies represent options and the book advances a number of convincing arguments that a corporate value system that incorporates environmental considerations can actually lead to a competitive advantage.
This was an enjoyable and thought provoking tome and left me convinced that adopting a shade of green would be a competitive advantage to a company with a clear understanding of "what it stands for" and which embodies "values based capitalism." Such companies can maximize profits AND care for the environment. For these firms, environmentalism is an investment, not an expense.
I would ask the authors to further explore the implications of their thesis for average companies. They did not fully explicate the applicability of their argument to such firms.
I highly recommend this book to anyone who has ever questioned how to live well today while preserving a good world for our children.
This book is a must for academically-inclined lawyers, judges and professors.
An excellent handbook for philosophers, law-makers, and anyone who wants to understand better what might be good and bad about the current forms of law in the world today.
This book has many useful points, not the least of which is that it serves as a field manual for lawyers interested in establishing or upgrading their own Internet sites.
The authors' reviews of law firm web sites, at their own web site, have been deservedly influential.
In general, I am not enthusiastic about paper books that are merely catalogs of web sites. This book is different because the authors add value through analysis and judgment.
Jerry Lawson
List price: $29.95 (that's 30% off!)