Global Perspectives On Adr

Author : Carlos Esplugues Mota,Silvia Barona Vilar (jurist.)
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2014
Category : Arbitration (International law)
ISBN : 1780681399

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Global Perspectives on ADR by Carlos Esplugues Mota,Silvia Barona Vilar (jurist.) Pdf

The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]

Author : Albert Fiadjoe
Publisher : Routledge
Page : 191 pages
File Size : 55,9 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135332099

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Alternative Dispute Resolution by Albert Fiadjoe Pdf

This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Author : Jean-Claude Goldsmith,Arnold Ingen-Housz,Gerald H. Pointon
Publisher : Kluwer Law International B.V.
Page : 690 pages
File Size : 55,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134141

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ADR in Business by Jean-Claude Goldsmith,Arnold Ingen-Housz,Gerald H. Pointon Pdf

Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.

Author : Frederik Swennen
Publisher : Springer
Page : 372 pages
File Size : 53,7 Mb
Release : 2015-07-06
Category : Law
ISBN : 9783319172293

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Contractualisation of Family Law - Global Perspectives by Frederik Swennen Pdf

This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.

Author : Canadian Bar Association
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2003
Category : Energy industries
ISBN : 1894015770

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International Commercial Arbitration & Energy Disputes : a Global Perspective : National International Law & ADR CLE Conference, May 29-31, 2003 by Canadian Bar Association Pdf

Author : Dr. Ashok Kumar
Publisher : K.K. Publications
Page : 728 pages
File Size : 45,6 Mb
Release : 2021-09-09
Category : Law
ISBN : 8210379456XXX

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Alternative Dispute Resolution System by Dr. Ashok Kumar Pdf

ALTERNATIVE DISPUTE RESOLUTION SYSTEM Global And National Perspective The book provides suitable and codified materials and information regarding the Alternative Dispute Resolution System. The whole book is divided into two parts and twenty chapters. Part one is related to the International ADR and part two is concerned with the National ADR. Chapter one is concerned with the Origin and Historical Development of ADR. Chapter two is related to the ADR in the United Kingdom. Chapter three provides the ADR in the USA. Chapter four is related to ADR in Hong Kong. Chapter five is concerned with the ADR in Canada. Chapter six describes the ADR in New Zealand. Chapter seven provides the ADR in Hungary. Chapter eight gives a brief history of ADR in the Philippines. Chapter nine is concerned with ADR in Pakistan. Chapter ten is related to the ADR in China. Chapter eleven is concerned to Netherland. Chapter twelve is related to ADR in Japan. Chapter thirteen is related to the Nature and Historical Development of ADRS in India. Chapter fourteen is related to the factors responsible for ADRs. Chapter fifteen is concerned with the Techniques of the ADRs. Chapter sixteen is related to the Indian Statutes and ADR. Chapter seventeen is designated as NyayaPanchayat and Gram Nayalaya. Chapter eighteen is related to the Arbitration and Conciliation Act, 1996. Chapter nineteen is related to the Innovative Trends of Justice and ADR. Chapter twenty is concerned with litigation policy and some valuable suggestions are given or mentioned. Chapter twenty-one is related to some Important International and National ADR Rules. The language of the book is easy and the same will be useful to the students.

Author : Nancy T. Watson,Karan L. Watson,Christine A. Stanley
Publisher : IAP
Page : 195 pages
File Size : 42,5 Mb
Release : 2017-10-01
Category : Business & Economics
ISBN : 9781641130950

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Conflict Management and Dialogue in Higher Education by Nancy T. Watson,Karan L. Watson,Christine A. Stanley Pdf

This book addresses an important topic - Conflict, mediation and dialogue. Conflicts are a part of life. Although many people assume conflicts are negative and, therefore, should be avoided, conflict is truly neutral. The engagement in conflict is what can be constructive or destructive. There are many positive outcomes experienced when a conflict is well managed, hence the critical role of this book. For instance, most change is driven by some level of conflict. You must learn, grow and develop effective conflict management skills as a way to manage change. Thus, the conflicts we deal with in our personal lives and in the workplace are essential to our development and our organizations' healthy development. However, if managed poorly, some conflicts can escalate to the point that they can destroy individuals or organizations. As illustrated in this book, the key to managing conflicts is to understand conflicts; expect conflicts, and manage conflicts before they escalate into destructive or costly loss of personnel, diminished climate or lead to lawsuits. The book provides one of the growing and recognized methods of dealing with conflicts - mediation and dialogue. The contents of this book reflect areas of importance addressed in mediation training: alternative dispute resolution practices, conflict management intervention options, models of thinking about conflict, the mediation format, and the skill set needed by a strong conflict management and mediator. Readers are challenged to reflect upon their biases and beliefs that may negatively impact the mediation process.

Author : Michael Palmer,Simon Roberts
Publisher : Cambridge University Press
Page : 433 pages
File Size : 47,5 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781107070547

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Dispute Processes by Michael Palmer,Simon Roberts Pdf

This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

Author : Edward J. Brunet,Charles B. Craver
Publisher : LexisNexis/Matthew Bender
Page : 752 pages
File Size : 54,8 Mb
Release : 2001
Category : Arbitration and award
ISBN : STANFORD:36105060994584

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Alternative Dispute Resolution by Edward J. Brunet,Charles B. Craver Pdf

Author : Prof. Dr. Komal Vig,Prof. Dr. Ritu Gautam
Publisher : Inkbound Publishers
Page : 267 pages
File Size : 53,5 Mb
Release : 2022-07-15
Category : Law
ISBN : 9788195653362

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ADR Strategies: Navigating Conflict Resolution in the Modern Legal World by Prof. Dr. Komal Vig,Prof. Dr. Ritu Gautam Pdf

Navigate the complexities of conflict resolution with strategies in alternative dispute resolution (ADR). This book covers negotiation, mediation, and arbitration techniques, offering practical guidance for legal professionals seeking effective resolution methods.

Author : Susan Blake,Julie Browne,Stuart Sime
Publisher : Oxford University Press, USA
Page : 640 pages
File Size : 47,7 Mb
Release : 2012-08-16
Category : Law
ISBN : 9780199644988

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A Practical Approach to Alternative Dispute Resolution by Susan Blake,Julie Browne,Stuart Sime Pdf

A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 514 pages
File Size : 49,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125712

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Global Trends in Mediation by Nadja Marie Alexander Pdf

In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 41,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041132246

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International and Comparative Mediation by Nadja Marie Alexander Pdf

"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

Author : Ivano Alogna,Christine Bakker,Jean-Pierre Gauci
Publisher : BRILL
Page : 567 pages
File Size : 40,6 Mb
Release : 2021-04-26
Category : Law
ISBN : 9789004447615

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Climate Change Litigation: Global Perspectives by Ivano Alogna,Christine Bakker,Jean-Pierre Gauci Pdf

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Author : Dr. Ashok Kumar
Publisher : K.K. Publications
Page : 464 pages
File Size : 53,6 Mb
Release : 2021-09-11
Category : Law
ISBN : 8210379456XXX

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International Alternative Dispute Resolution System by Dr. Ashok Kumar Pdf

The Alternative Dispute Resolution System is a very useful system through which people may resolve their dispute as soon as possible. It involves the whole community of the world. It is a very speedy, cheap and inexpensive system of resolving disputes. It reduces the burden of the traditional or regular courts. It has become an integral part of the judicial system of the world. At present, in most of the countries of the world, a large number of cases are pending. The ADR enhances the involvement of the international and national community in the dispute resolution process and promotes an idea of access to justice for all. The book provides the proper information and knowledge about the ADR to the students. The book is divided into thirteen chapters. Chapter one is concerned with the Introduction. Chapter two is related to the ADR in the United Kingdom. Chapter three provides the ADR in the USA. Chapter four is related to ADR in Hong Kong. Chapter five is concerned with the ADR in Canada. Chapter six describes the ADR in New Zealand. Chapter seven provides the ADR in Hungary. Chapter eight gives a brief history of ADR in the Philippines. Chapter nine is concerned to ADR in Pakistan. Chapter ten is related to the ADR in China. Chapter eleven is concerned to Netherland. Chapter twelve is related to ADR in Japan. Chapter thirteen is related to ADR in Some other States. The language of the book is very understandable to the common man.