Alternative Dispute Resolution In European Administrative Law
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Alternative Dispute Resolution In European Administrative Law
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Author : Dacian C. Dragos
language : en
Publisher: Springer
Release Date : 2014-09-19
Alternative Dispute Resolution In European Administrative Law written by Dacian C. Dragos and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.
Administrative Remedies In The European Union
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Author : Antonio Cassatella
language : en
Publisher: G Giappichelli Editore
Release Date : 2017-08-28
Administrative Remedies In The European Union written by Antonio Cassatella and has been published by G Giappichelli Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-28 with Law categories.
The Role Of Consumer Adr In The Administration Of Justice
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Author : Michael Stürner
language : en
Publisher:
Release Date : 2014-12-20
The Role Of Consumer Adr In The Administration Of Justice written by Michael Stürner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-20 with categories.
Alternatives To Litigation Between Administrative Authorities And Private Parties
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Author : Council of Europe. Committee of Ministers
language : en
Publisher: Council of Europe
Release Date : 2002-01-01
Alternatives To Litigation Between Administrative Authorities And Private Parties written by Council of Europe. Committee of Ministers and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Political Science categories.
Alternatives to litigation can achieve justice while sparing resources and increasing the accountability of public administration. This paper contains the text of Recommendation Rec (2001)9 adopted by the Committee of Ministers of the Council of Europe, as well as an explanatory memorandum. This recommendation aims to encourage the further use and development of alternatives to court action between administrative authorities and private parties.
Mediation In The Reflection Of Law And Society
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Author : Lenka Holá
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-12-08
Mediation In The Reflection Of Law And Society written by Lenka Holá and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-08 with Law categories.
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
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Author : Vesna Lazić
language : en
Publisher: Springer
Release Date : 2018-07-26
International Dispute Resolution written by Vesna Lazić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-26 with Law categories.
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
Alternatives To Litigation Between Administrative Authorities And Private Parties
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2000-01-01
Alternatives To Litigation Between Administrative Authorities And Private Parties written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Political Science categories.
Alternatives to litigation which can genuinely gaurantee justice while conserving resources and increasing the accountability of public administration, are of increasing interest. Conciliation, mediation and arbitration were the focus of the conference held in Lisbon in June 1999
The Transformation Of Administrative Law In Europe
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Author : Matthias Ruffert
language : en
Publisher: sellier. european law publ.
Release Date : 2007
The Transformation Of Administrative Law In Europe written by Matthias Ruffert and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Administrative law categories.
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
A History Of Alternative Dispute Resolution
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Author : Jerome T. Barrett
language : en
Publisher: John Wiley & Sons
Release Date : 2004-10-19
A History Of Alternative Dispute Resolution written by Jerome T. Barrett and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-10-19 with Law categories.
A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Regulating Dispute Resolution
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Author : Felix Steffek
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-07-04
Regulating Dispute Resolution written by Felix Steffek and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-04 with Law categories.
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.