Court Mediation Reform

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 41,5 Mb
Release : 2018-03-30
Category : Law
ISBN : 9781786435866

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Court Mediation Reform by Shahla F. Ali Pdf

As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

Author : Alberta Law Reform Institute
Publisher : Unknown
Page : 69 pages
File Size : 49,6 Mb
Release : 1994
Category : Dispute resolution (Law)
ISBN : 0888641915

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Court-connected Family Mediation Programs in Canada by Alberta Law Reform Institute Pdf

Author : Laura Ervo,Anna Nylund
Publisher : Springer
Page : 424 pages
File Size : 40,6 Mb
Release : 2014-07-05
Category : Law
ISBN : 9783319044651

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The Future of Civil Litigation by Laura Ervo,Anna Nylund Pdf

This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

Author : Penny Brooker
Publisher : Routledge
Page : 315 pages
File Size : 42,7 Mb
Release : 2013-10-23
Category : Law
ISBN : 9781136018886

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Mediation Law by Penny Brooker Pdf

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.

Author : Peter C.H. Chan
Publisher : Martinus Nijhoff Publishers
Page : 339 pages
File Size : 55,8 Mb
Release : 2017-08-03
Category : Law
ISBN : 9789004342392

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Mediation in Contemporary Chinese Civil Justice by Peter C.H. Chan Pdf

In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers by far one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China.

Author : Maria Dakolias,William E. Ratliff
Publisher : Hoover Press
Page : 40 pages
File Size : 44,5 Mb
Release : 2024-06-28
Category : Courts
ISBN : 0817957030

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Judicial reform in Latin America by Maria Dakolias,William E. Ratliff Pdf

An essay on the need for a well functioning judiciary system in Latin America.

Author : Victoria,Victoria. Parliament. Law Reform Committee
Publisher : Government Printer, South Africa
Page : 430 pages
File Size : 42,8 Mb
Release : 2009
Category : Dispute resolution (Law)
ISBN : 0975798480

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Inquiry Into Alternative Dispute Resolution and Restorative Justice by Victoria,Victoria. Parliament. Law Reform Committee Pdf

Author : Tony Allen (Lawyer)
Publisher : Unknown
Page : 352 pages
File Size : 40,8 Mb
Release : 2019
Category : Civil law
ISBN : 1526506831

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Mediation Law and Civil Practice by Tony Allen (Lawyer) Pdf

"Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales. It explains and challenges current thinking about mediation, identifying ways for the government and judiciary to improve the delivery of justice through greater trust in the process. It traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 25 years as well as exploring the key concepts at the heart of mediation and all the latest developments. Mediation Law and Civil Practice also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current legal and practice concepts. As well as updating all case law, the second edition also: - discusses the attitudes generated by the Jackson Review and also the Briggs reforms proposed in the Chancery Modernisation Review and his Court Structure Review - discusses AB v CD, in which a mediator has now given evidence in an English court and Global and related cases on varying "whole agreement" clauses - enlarges the discussion of protocols, which have been modified and remain inconsistent in their treatment of ADR - analyses the EU Consumer Directive - sets out the reforms to CPR Part 36 Mediators, mediation providers, lawyers, judges academics and students will all benefit from the expert commentary and in-depth analysis in this book. It is also a useful guide for academics and mediation providers outside of the UK who are seeking to influence the development of mediation in their jurisdictions."--Bloomsbury Publishing.

Author : James S. Kakalik,Institute for Civil Justice (U.S.)
Publisher : RAND Corporation
Page : 0 pages
File Size : 52,6 Mb
Release : 1996
Category : Law
ISBN : 0833024728

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Just, Speedy, and Inexpensive? by James S. Kakalik,Institute for Civil Justice (U.S.) Pdf

Culmination of five-year study of effects of Civil Justice Reform Act of 1990.

Author : Peter C.H. Chan,C.H. van Rhee
Publisher : Springer Nature
Page : 204 pages
File Size : 49,8 Mb
Release : 2021-02-15
Category : Law
ISBN : 9789813345126

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Civil Case Management in the Twenty-First Century: Court Structures Still Matter by Peter C.H. Chan,C.H. van Rhee Pdf

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

Author : New South Wales. Law Reform Commission
Publisher : Unknown
Page : 76 pages
File Size : 49,7 Mb
Release : 1989
Category : Arbitration and award
ISBN : UCAL:B4461226

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Alternative Dispute Resolution by New South Wales. Law Reform Commission Pdf

Author : Weixia Gu
Publisher : Routledge
Page : 0 pages
File Size : 42,7 Mb
Release : 2023
Category : Electronic
ISBN : 0367698838

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Dispute Resolution in China by Weixia Gu Pdf

This book focuses on the law and development of major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms.

Author : Andrew Agapiou,Deniz Artan Ilter
Publisher : Routledge
Page : 131 pages
File Size : 40,9 Mb
Release : 2016-11-10
Category : Technology & Engineering
ISBN : 9781317609889

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Court-Connected Construction Mediation Practice by Andrew Agapiou,Deniz Artan Ilter Pdf

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

Author : John P. Schuman
Publisher : Lulu.com
Page : 208 pages
File Size : 51,5 Mb
Release : 2011-12-14
Category : Law
ISBN : 9781105271427

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The Devry Smith Frank LLP Guide to the Basics of Ontario Family Law, 3rd Edition by John P. Schuman Pdf

Are you separating? You have no idea what to expect? What does getting married really mean? The Guide to the Basics of Ontario Family Law is for everyone who: is separating or divorcing, need to change an order or separation agreement, are involved with a children's aid society, are getting married or living "common law", or need to understand Ontario Family Law. It explains what to do after separating and then describes each step in the Family Court. The up-to-date explanations also include: alternatives to court, mediation, arbitration, collaborative law, and negotiation. Get an overview of Ontario Family Law for both for separated couples and people getting married. Discussions include: custody/access, child & spousal support, property division, restraining orders, marriage contracts/cohabitation agreements and other issues. There is help with children's aid society problems and adoption. The Guide has quick advice to avoid family court and tips on what to do, and not do, to get the best results possible.

Author : Franklin Strier
Publisher : University of Chicago Press
Page : 332 pages
File Size : 50,7 Mb
Release : 1996-05-15
Category : Law
ISBN : 0226777189

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Reconstructing Justice by Franklin Strier Pdf

In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse the power of the government, but criticizes the method by which jurors are selected, patronized, and manipulated. Among his suggestions: eliminate peremptory challenges, give jurors the authority, and judges the responsibility, to ask questions of witnesses, and use neutral expert witnesses.