Court Mediation Reform
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Court Mediation Reform
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Author : Shahla F. Ali
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-03-30
Court Mediation Reform written by Shahla F. Ali and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-30 with Law categories.
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.
Mediation Law
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Author : Penny Brooker
language : en
Publisher: Routledge
Release Date : 2013-10-23
Mediation Law written by Penny Brooker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-23 with Law categories.
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.
The Future Of Civil Litigation
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Author : Laura Ervo
language : en
Publisher: Springer
Release Date : 2014-07-05
The Future Of Civil Litigation written by Laura Ervo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-05 with Law categories.
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.
Judicial Reform In Latin America
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Author : Maria Dakolias
language : en
Publisher: Hoover Press
Release Date :
Judicial Reform In Latin America written by Maria Dakolias and has been published by Hoover Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with Courts categories.
An essay on the need for a well functioning judiciary system in Latin America.
Just Speedy And Inexpensive
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Author : James S. Kakalik
language : en
Publisher: RAND Corporation
Release Date : 1996
Just Speedy And Inexpensive written by James S. Kakalik and has been published by RAND Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Culmination of five-year study of effects of Civil Justice Reform Act of 1990.
Inquiry Into Alternative Dispute Resolution And Restorative Justice
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Author : Victoria
language : en
Publisher: Government Printer, South Africa
Release Date : 2009
Inquiry Into Alternative Dispute Resolution And Restorative Justice written by Victoria and has been published by Government Printer, South Africa this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Dispute resolution (Law) categories.
Mediation In Contemporary Chinese Civil Justice
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Author : Peter C.H. Chan
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2017-08-03
Mediation In Contemporary Chinese Civil Justice written by Peter C.H. Chan and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-03 with Law categories.
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.
Civil Case Management In The Twenty First Century Court Structures Still Matter
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Author : Peter C.H. Chan
language : en
Publisher: Springer Nature
Release Date : 2021-02-15
Civil Case Management In The Twenty First Century Court Structures Still Matter written by Peter C.H. Chan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
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.
Mediation Law And Civil Practice
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Author : Tony Allen (Lawyer)
language : en
Publisher:
Release Date : 2019
Mediation Law And Civil Practice written by Tony Allen (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Civil law categories.
"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.
Alternative Dispute Resolution
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Author : New South Wales. Law Reform Commission
language : en
Publisher:
Release Date : 1989
Alternative Dispute Resolution written by New South Wales. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Arbitration and award categories.