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Author: Astrid Stadler
Publisher: Edward Elgar Pub
ISBN: 9781782546900
Category : Law
Languages : en
Pages : 322
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Book Description
'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
Author: Astrid Stadler
Publisher: Edward Elgar Pub
ISBN: 9781782546900
Category : Law
Languages : en
Pages : 322
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Book Description
'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
Author:
Publisher:
ISBN:
Category : Claims
Languages : en
Pages : 236
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 333
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Book Description
Author: Christopher Hodges
Publisher: Edward Elgar Publishing
ISBN: 178254691X
Category : Law
Languages : en
Pages : 336
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Book Description
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.
Author: Celotex Corporation
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages :
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Book Description
Author: Christopher Hodges
Publisher:
ISBN: 9781782546900
Category : Class actions (Civil procedure)
Languages : en
Pages : 0
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Book Description
'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.
Author: Jaime Dodge
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For a half-century, scholars have consistently viewed the consolidated litigation of similar claims through joinder, class actions and more recently multi-district litigation as the only mechanism for efficiently resolving mass claims. In this Article, I challenge that long-standing and fundamental conception. The Article seeks to reconceptualize our understanding of mass claims resolution, arguing that we are witnessing the birth of a second, unexplored branch of mass claims resolution mechanisms -- which I term “disaggregative” dispute resolution systems because they lack the traditional aggregation of common questions that has been the hallmark of traditional mass claims litigation. Disaggregation returns to a focus on the individual akin to that of the single-plaintiff system, but uses either procedural or substantive streamlining, or a shift of costs to the defendant, to correct the asymmetries that prompted the creation of class actions. Many of our most innovative claims structures -- from the BP GCCF and the fund created in the wake of the Costa Concordia disaster, to the common single-plaintiff arbitration clauses in consumer and employment agreements -- use this new, bottom-up model of disaggregative mass claims resolution instead of the familiar top-down aggregative model. These next-generation systems have been heralded as a significant advancement in mass claims resolution, capable of awarding more compensation to claimants more quickly and at lower cost than aggregate litigation. But like the single-plaintiff and aggregate litigation systems that preceded it, disaggregation has its flaws. Because the defendant typically designs these systems, they often give rise to questions about legitimacy and the accuracy of compensation. More shockingly, situating disaggregation within the existing doctrinal trends reveals that the rise of disaggregation allows corporations to avoid class actions in a far broader swath of cases than has previously been identified -- such that class actions will, as a practical matter, proceed only at the defendant's election, raising substantial questions about the viability of private actions as a mechanism for the enforcement of law. Yet, because these systems are the product of contract, attempts to restrict these systems have largely failed. The answer to these problems lies in an unlikely and potentially controversial approach: expanding rather than restricting the availability of disaggregation, by creating a public mechanism for disaggregation -- comparable to the existing public aggregation mechanisms.
Author: CPR Institute for Dispute Resolution
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 160
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Book Description
"The Master Guide to Mass Claims Resolution Facilities addresses issues arising post-settlement of mass claims -- filling a large void in the legal literature in this area of ADR. The book covers all areas of claims resolution facilities, including initial due diligence in estimating claims, costs and assets, extent of delegation to the facility, design of facilities, establishment of claim criteria, notice, procedures, communication and appeals. It also examines decisional law, statutory bases and various examples of facilities, drawing upon the knowledge of specialists in the area. This book was created by CPR's Commission on Facilities for the Resolution of Mass Claims whose members include Chairs, Kenneth R. Feinberg of Feinberg Rozen, LLP and Deborah E. Greenspan of Dickstein Shapiro, LLP, Jordana H. Feldman as the Commission's Reporter, and a group of counsel, academics, neutrals, and other experts on complex claims management."--Publisher's website.
Author: Douglas G. Smith
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 102
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Book Description
Author: Howard M. Holtzmann
Publisher:
ISBN: 9780191818950
Category : Claims
Languages : en
Pages : 462
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Book Description
Mass claims processes have become an increasingly important phenomena in international dispute resolution. This work analyzes this significant procedural innovation in international law.
