Resolving Mass Disputes

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Resolving Mass Disputes

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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Pub
Release Date : 2013

Resolving Mass Disputes written by Astrid Stadler and has been published by Edward Elgar Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.

'Resolving Mass Disputes is a timely, informative, and stimulating book. the contributed chapters analyze the phenomena of interest - mass dispute resolution in court-based systems and their alternatives - in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.' - Stephen B. Burbank, University of Pennsylvania Law School, US

Resolving Mass Disputes

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Author : Christopher Hodges
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31

Resolving Mass Disputes written by Christopher Hodges 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 2013-10-31 with Law categories.

Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.

Resolving Mass Disputes Consumer Alternative Dispute Resolution

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Author : Christopher Hodges
language : en
Publisher:
Release Date : 2013

Resolving Mass Disputes Consumer Alternative Dispute Resolution written by Christopher Hodges and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Class actions (Civil procedure) categories.

'Legal systems worldwide are increasingly grappling with the legal and logistic complexities of collective actions and claims. Although the US-style class action contrasts sharply with the European focus on individual litigation, policy-makers throughout Europe are seeking to reduce judicial budgets, to enhance self-reliance through ADR schemes and to introduce new and efficient forms of redress through collective litigation. Meanwhile, the market for justice is becoming increasingly globalised. Thus, a sense of judicial competition between jurisdictions may accelerate a European movement towards new procedures and paradigms in the realm of collective redress. Against this background, this formidable collection of comparative essays on collective redress and ADR is both timely and unique. This book shows viable pathways to ensuring efficient and balanced collective redress. Excellent contributors and editors have jointly succeeded in connecting ADR and collective redress in ways previously considered disparate.' -- Willem H. van Boom, Erasmus University Rotterdam, The Netherlands. 'Resolving Mass Disputes is a timely, informative, and stimulating book. The contributed chapters analyze the phenomena of interest -- mass dispute resolution in court-based systems and their alternatives -- in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.' -- Stephen B. Burbank, University of Pennsylvania Law School, US. The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach. Taking as a starting-point the observation that mass litigation claims are a 'nuisance' for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend. Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers--Résumé de l'éditeur.

Multi Tier Approaches To The Resolution Of International Disputes

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Author : Anselmo Reyes
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16

Multi Tier Approaches To The Resolution Of International Disputes written by Anselmo Reyes and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.

Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Delivering Dispute Resolution

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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-17

Delivering Dispute Resolution written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-17 with Law categories.

This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction. This title is included in Bloomsbury Professional's International Arbitration online service.

Discussions In Dispute Resolution

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Author : Art Hinshaw
language : en
Publisher: Oxford University Press
Release Date : 2021-05-27

Discussions In Dispute Resolution written by Art Hinshaw and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-27 with Law categories.

While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates. Discussions in Dispute Resolution brings together the modern dispute resolution field's most influential commentaries in its first few decades and reflects on what makes these pieces so important. This book collects 16 foundational writings, four pieces from each of the field's primary subfields--negotiation, mediation, arbitration, and public policy. Each piece has four commenters who answer the question: why is this work a foundational piece in the dispute resolution field? The purpose in asking this simple question is fourfold: to hail the field's foundational generation and their work, to bring a fresh look at these articles, to engage the articles' original authors where possible, and to challenge the articles with the benefit of hindsight. Where possible, the book gives the authors of the original pieces the opportunity either to reflect on the piece itself or to respond to the other commenters.

The New Regulatory Framework For Consumer Dispute Resolution

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Author : Pablo Cortés
language : en
Publisher: Oxford University Press
Release Date : 2016

The New Regulatory Framework For Consumer Dispute Resolution written by Pablo Cortés and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.

This book 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.

The Resolution Of International Investment Disputes

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Author : Mariel Dimsey
language : en
Publisher: Eleven International Publishing
Release Date : 2008

The Resolution Of International Investment Disputes written by Mariel Dimsey and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.

This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.

Frontiers In Civil Justice

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Author : Kramer, Xandra
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-08-18

Frontiers In Civil Justice written by Kramer, Xandra 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 2022-08-18 with Law categories.

This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

Formalisation And Flexibilisation In Dispute Resolution

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Author : Joachim Zekoll
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-25

Formalisation And Flexibilisation In Dispute Resolution written by Joachim Zekoll 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 2014-09-25 with Law categories.

Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.