Regulating Dispute Resolution

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Regulating Dispute Resolution

Felix Steffek,Hannes Unberath,Hazel Genn,Reinhard Greger,Carrie Menkel-Meadow

Author : Felix Steffek,Hannes Unberath,Hazel Genn,Reinhard Greger,Carrie Menkel-Meadow
Publisher : A&C Black
Page : 485 pages
File Size : 44,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253587

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Regulating Dispute Resolution by Felix Steffek,Hannes Unberath,Hazel Genn,Reinhard Greger,Carrie Menkel-Meadow Pdf

This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.

Mediation

Klaus J. Hopt,Felix Steffek

Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Page : 128 pages
File Size : 48,9 Mb
Release : 2018-12-13
Category : Law
ISBN : 9780191669354

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Mediation by Klaus J. Hopt,Felix Steffek Pdf

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Alternative Dispute Resolution in the Regulatory Process

Deirdre McCarthy Gallagher,Richard L. Miles,Jerrilynne Purdy

Author : Deirdre McCarthy Gallagher,Richard L. Miles,Jerrilynne Purdy
Publisher : Unknown
Page : 134 pages
File Size : 51,9 Mb
Release : 2020
Category : Arbitration (Administrative law)
ISBN : 1611863422

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Alternative Dispute Resolution in the Regulatory Process by Deirdre McCarthy Gallagher,Richard L. Miles,Jerrilynne Purdy Pdf

An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas, as well as the private sector.

EU Mediation Law Handbook

Nadja Alexander,Sabine Walsh,Martin Svatos

Author : Nadja Alexander,Sabine Walsh,Martin Svatos
Publisher : Kluwer Law International B.V.
Page : 842 pages
File Size : 53,9 Mb
Release : 2017-03-15
Category : Law
ISBN : 9789041158673

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EU Mediation Law Handbook by Nadja Alexander,Sabine Walsh,Martin Svatos Pdf

Mediation is rapidly becoming a norm in cross-border dispute resolution among European Union (EU) Member States. Accordingly, an important question for legal advisers to ask themselves is: Which jurisdiction offers the best legal framework to support a potential future mediation of my client’s dispute? This book responds to this question by examining the law on mediation in each Member State on a chapter-by-chapter basis. Each country analysis applies the book’s overarching principle of a specially designed Regulatory Robustness Rating System, which is thoroughly explained in an introductory chapter. This framework offers a highly effective way to analyse the quality and robustness of each of the EU’s twenty-nine national jurisdictions’ legal frameworks relevant to mediation (including legislation, case law, practice directions, codes of conduct, standards, and other regulatory instruments) and factor such an analysis into choices about governing law in mediation clauses and other agreements. Among the issues and topics covered are the following: • congruence of domestic and international legal frameworks; • transparency and clarity of content of mediation laws; • standards and qualifications for mediators; • rights and obligations of participants in mediation; • access to mediation services; • access to internationally recognised and skilled mediators; • enforceability of clauses and mediated settlement agreements; • confidentiality and flexibility; • admissibility of evidence from mediation in subsequent proceedings; • impact of commencement of mediation on litigation limitation periods; • relationship and attitude of courts to mediation; and • regulatory incentives for legal advisers to engage in mediation. This detailed analysis clearly allows users and other regulatory stakeholders to look closely and critically at regulatory regimes for mediation in order to make informed choices and develop appropriate strategies in relation to the law that governs their mediation. This is the first book to consider authoritatively what makes good mediation law and what makes a jurisdiction attractive for cross-border mediation purposes in terms of its regulatory framework. As a resource that identifies potential strengths and weaknesses of each EU Member State’s regulatory regime, it has no peers and will be welcomed and put to use by the alternative dispute resolution community in Europe and beyond.

Regulatory Competition in Contract Law and Dispute Resolution

Horst Eidenmüller

Author : Horst Eidenmüller
Publisher : Bloomsbury Publishing
Page : 524 pages
File Size : 44,6 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781782251217

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Regulatory Competition in Contract Law and Dispute Resolution by Horst Eidenmüller Pdf

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

The New Regulatory Framework for Consumer Dispute Resolution

Pablo Cortés

Author : Pablo Cortés
Publisher : Oxford University Press
Page : 513 pages
File Size : 55,6 Mb
Release : 2016
Category : Law
ISBN : 9780198766353

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The New Regulatory Framework for Consumer Dispute Resolution by Pablo Cortés Pdf

Examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.

Mediation in the Reflection of Law and Society

Lenka Holá,Miloš Večeřa,Martina Urbanová,Jan Holas,David Fiedor

Author : Lenka Holá,Miloš Večeřa,Martina Urbanová,Jan Holas,David Fiedor
Publisher : Kluwer Law International B.V.
Page : 325 pages
File Size : 43,9 Mb
Release : 2021-12-08
Category : Law
ISBN : 9789403542928

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Mediation in the Reflection of Law and Society by Lenka Holá,Miloš Večeřa,Martina Urbanová,Jan Holas,David Fiedor Pdf

Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.

International Dispute Resolution: The Regulation of Forum Selection

Jack L. Goldsmith

Author : Jack L. Goldsmith
Publisher : Martinus Nijhoff Publishers
Page : 339 pages
File Size : 51,5 Mb
Release : 2023-09-20
Category : Business & Economics
ISBN : 9789004636699

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International Dispute Resolution: The Regulation of Forum Selection by Jack L. Goldsmith Pdf

For situations where the forum selection clause can make all the difference, this book is invaluable. The text shows how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses in arbitration agreements, and also explains the role of provisional and protective measures in the regulation of forum selection and judicial doctrines that directly regulate "improper" forum selections. Published under the Transnational Publishers imprint.

International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration

Mahmood Bagheri

Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 40,6 Mb
Release : 2000-12-06
Category : Business & Economics
ISBN : 9789041198105

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International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by Mahmood Bagheri Pdf

The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Online Dispute Resolution

Gabrielle Kaufmann-Kohler,Thomas Schultz

Author : Gabrielle Kaufmann-Kohler,Thomas Schultz
Publisher : Kluwer Law International B.V.
Page : 406 pages
File Size : 55,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123183

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Online Dispute Resolution by Gabrielle Kaufmann-Kohler,Thomas Schultz Pdf

In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

International Dispute Resolution

Jack L. Goldsmith

Author : Jack L. Goldsmith
Publisher : Brill - Nijhoff
Page : 329 pages
File Size : 53,8 Mb
Release : 1997-01-01
Category : Business & Economics
ISBN : 094132074X

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International Dispute Resolution by Jack L. Goldsmith Pdf

International Dispute Resolution: The Regulation of Forum Selection examines how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses and arbitration agreements; the role of provisional and protective measures in the regulation of forum selection; and judicial doctrines that directly regulate "improper" forum selections.

Alternative Dispute Resolution in Tanzania

J. Mashamba

Author : J. Mashamba
Publisher : African Books Collective
Page : 226 pages
File Size : 50,7 Mb
Release : 2014-09-02
Category : Law
ISBN : 9789987753543

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Alternative Dispute Resolution in Tanzania by J. Mashamba Pdf

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

Governing Law and Dispute Resolution in the Oil and Gas Industry

Pereira, Eduardo G.,Timonen, Tuuli,Aleynikova, Elina

Author : Pereira, Eduardo G.,Timonen, Tuuli,Aleynikova, Elina
Publisher : Edward Elgar Publishing
Page : 567 pages
File Size : 55,9 Mb
Release : 2022-08-23
Category : Law
ISBN : 9781786434654

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Governing Law and Dispute Resolution in the Oil and Gas Industry by Pereira, Eduardo G.,Timonen, Tuuli,Aleynikova, Elina Pdf

The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.

International Dispute Resolution

Vesna Lazić,Steven Stuij

Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 49,9 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521

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International Dispute Resolution by Vesna Lazić,Steven Stuij Pdf

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Conflict Regulation

Paul Wehr

Author : Paul Wehr
Publisher : Routledge
Page : 183 pages
File Size : 47,7 Mb
Release : 2019-03-01
Category : Political Science
ISBN : 9780429727030

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Conflict Regulation by Paul Wehr Pdf

This volume examines conflict and conflict regulation processes. The author reviews theories of conflict and techniques of conflict management and then presents case studies of self-limiting conflict in Gandhi's India, Nazioccupied Norway, and at a nuclear weapons plant in Colorado to illustrate unconventional approaches to conflict regulation. He

Regulating Dispute Resolution

Regulating Dispute Resolution by Felix Steffek,Hannes Unberath,Hazel Genn,Reinhard Greger,Carrie Menkel-Meadow Pdf

Mediation by Klaus J. Hopt,Felix Steffek Pdf

Alternative Dispute Resolution in the Regulatory Process by Deirdre McCarthy Gallagher,Richard L. Miles,Jerrilynne Purdy Pdf

EU Mediation Law Handbook by Nadja Alexander,Sabine Walsh,Martin Svatos Pdf

Regulatory Competition in Contract Law and Dispute Resolution by Horst Eidenmüller Pdf

The New Regulatory Framework for Consumer Dispute Resolution by Pablo Cortés Pdf

Mediation in the Reflection of Law and Society by Lenka Holá,Miloš Večeřa,Martina Urbanová,Jan Holas,David Fiedor Pdf

International Dispute Resolution: The Regulation of Forum Selection by Jack L. Goldsmith Pdf

International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by Mahmood Bagheri Pdf

Online Dispute Resolution by Gabrielle Kaufmann-Kohler,Thomas Schultz Pdf

International Dispute Resolution by Jack L. Goldsmith Pdf

Alternative Dispute Resolution in Tanzania by J. Mashamba Pdf

Governing Law and Dispute Resolution in the Oil and Gas Industry by Pereira, Eduardo G.,Timonen, Tuuli,Aleynikova, Elina Pdf

International Dispute Resolution by Vesna Lazić,Steven Stuij Pdf

Conflict Regulation by Paul Wehr Pdf

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