Court-connected Alternative Dispute Resolution [microform] : the Ontario Mandatory Mediation Program & the German Obligatory Settlement Procedure, Approaches to Achieving Early Case Settlement, a Comparative Analysis

Court-connected Alternative Dispute Resolution [microform] : the Ontario Mandatory Mediation Program & the German Obligatory Settlement Procedure, Approaches to Achieving Early Case Settlement, a Comparative Analysis PDF Author: Martin Gilbert
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
ISBN: 9780612954243
Category : Dispute resolution (Law)
Languages : en
Pages : 176

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Book Description
Court connected mandatory mediation programs are becoming increasingly important in the realm of civil litigation in Canada. The German legislature has recently tried to further early case settlement with the introduction of a settlement procedure. However, the idea of making an attempt at reaching a settlement in a mediation session compulsory is still rejected. Relying on the Ontario mandatory mediation program and its official evaluation, this thesis argues that mandatory mediation has proven successful with regard to a reduction of time and cost spent in the civil litigation process. It concludes that a mandatory mediation pilot project in civil matters should be implemented in Germany. In addition, this thesis suggests a framework of aspects for a hypothetical mandatory mediation program in German civil litigation.

Court-connected Alternative Dispute Resolution [microform] : the Ontario Mandatory Mediation Program & the German Obligatory Settlement Procedure, Approaches to Achieving Early Case Settlement, a Comparative Analysis

Court-connected Alternative Dispute Resolution [microform] : the Ontario Mandatory Mediation Program & the German Obligatory Settlement Procedure, Approaches to Achieving Early Case Settlement, a Comparative Analysis PDF Author: Martin Gilbert
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
ISBN: 9780612954243
Category : Dispute resolution (Law)
Languages : en
Pages : 176

Get Book Here

Book Description
Court connected mandatory mediation programs are becoming increasingly important in the realm of civil litigation in Canada. The German legislature has recently tried to further early case settlement with the introduction of a settlement procedure. However, the idea of making an attempt at reaching a settlement in a mediation session compulsory is still rejected. Relying on the Ontario mandatory mediation program and its official evaluation, this thesis argues that mandatory mediation has proven successful with regard to a reduction of time and cost spent in the civil litigation process. It concludes that a mandatory mediation pilot project in civil matters should be implemented in Germany. In addition, this thesis suggests a framework of aspects for a hypothetical mandatory mediation program in German civil litigation.

Mediation and Negotiation

Mediation and Negotiation PDF Author: E. Wendy Trachte-Huber
Publisher:
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 900

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Book Description
The subject matter of these teaching materials is consensual dispute resolution processes, predominantly mediation and negotiation. These materials focus on business transactions, defined broadly to include employment and consumer disputes. The only important exceptions are two forays into criminal law. Plea bargaining is examined as an important example of negotiation and victim-offender mediation is discussed as an interesting use of mediation. The central omission, compared to other dispute resolution books, is the total exclusion of family matters, notably divorce and child custody. This book is divided into five parts. Part I introduces the subject matter of the course, and examines dispute resolution generally. Part II introduces negotiation, the core dispute resolution process. Part III is composed of three chapters devoted to mediation-facilitated negotiation. Part IV considers examines additional ADR processes and procedures that involve the use of a third party neutral. Court-connected ADR processes, including early neutral evaluation, summary jury trial, non-binding arbitration, and mediation at the appellate court level are considered. ADR processes other than mediation are also considered, including the mini-trial used in business disputes, private binding arbitration, collaborative law, the use of an ombudsman, and partnering and dispute review boards used for large dollar construction projects. This part also considers government use of ADR and negotiated rulemaking. Part V considers the dispute resolution professional including qualifications and standards, potential errors and omissions liability, ethical issues, and systems design--the process of planning for and avoiding disputes. The Teacher's Manual presents exercises, problems, and role plays, along with suggestions about their use to further pedagogical goals.

Kicking it Up a Notch

Kicking it Up a Notch PDF Author:
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 138

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Book Description


National Standards for Court-connected Mediation Programs

National Standards for Court-connected Mediation Programs PDF Author: Center for Dispute Settlement
Publisher:
ISBN:
Category : Court congestion and delay
Languages : en
Pages : 116

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Book Description


Evaluation of the Ontario Mandatory Mediation Program (Rule 24.1) : Executive Summary and Recommendations

Evaluation of the Ontario Mandatory Mediation Program (Rule 24.1) : Executive Summary and Recommendations PDF Author: Hann, Robert G
Publisher:
ISBN: 9780779412235
Category : Dispute resolution (Law)
Languages : en
Pages : 18

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Book Description


Report on Class Actions

Report on Class Actions PDF Author: Ontario Law Reform Commission
Publisher: Ontario : Ministry of the Attorney General
ISBN:
Category : Law
Languages : en
Pages : 324

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Book Description


Doing Business 2016

Doing Business 2016 PDF Author: World Bank
Publisher: Doing Business
ISBN: 9781464806674
Category : Business & Economics
Languages : en
Pages : 344

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Book Description
Doing Business 2016 is the 13th publication in a series of annual reports comparing business regulation in 189 economies. This year the publication addresses regulations affecting 11 areas of everyday business activity including: Starting a business Dealing with construction permits Getting electricity Registering property Getting credit Protecting minority investors Paying taxes Trading across borders Enforcing contracts Resolving insolvency Labor market regulations Doing Business 2016 updates all indicators as of June 1, 2015, ranks economies on their overall ease of doing business, and analyzes reforms to business regulation identifying which economies are strengthening their business environment the most. This report illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 60 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,000 articles in peer-reviewed academic journals since its inception.

Doing Business 2011

Doing Business 2011 PDF Author: World Bank
Publisher: World Bank Publications
ISBN: 0821386301
Category : Business & Economics
Languages : en
Pages : 268

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Book Description
Eighth in a series of annual reports comparing business regulations in 183 economies, Doing Business 2011 measures regulations affecting 10 areas of everyday business activity: starting a business, dealing with construction permits, employing workers, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts, and closing a business. The report updates all 10 sets of indicators, ranks countries on their overall ease of doing business and analyzes reforms to business regulation- identifying which countries are improving strengthening their business environment the most and which ones slipped. Doing Business 2011 includes results on the ongoing research in the area of "getting electricity" and illustrates how reforms in business regulations can translate into better outcomes for domestic entrepreneurs and the wider economy. It also focuses on how women in particular are affected by complex business regulations.

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of Treaties PDF Author: Oliver Dörr
Publisher: Springer
ISBN: 3662551608
Category : Law
Languages : en
Pages : 1546

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Book Description
The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.

On Judicial and Quasi-judicial Independence

On Judicial and Quasi-judicial Independence PDF Author: Suzanne Comtois
Publisher: Eleven International Pub
ISBN: 9789462360945
Category : Law
Languages : en
Pages : 219

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Book Description
This volume of the 'Netherlands Institute for Law and Governance Series' is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands. It is the objective of this book, as of the conference that preceded it, to bring together eminent judges and scholars, from various jurisdictions to reflect on the fundamental principles of judicial and quasi-judicial independence, to help clarify the concepts and to discuss the threats and challenges that call for different safeguards or solutions.