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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: 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: 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: Felix Steffek
Publisher: A&C Black
ISBN: 1782253580
Category : Law
Languages : en
Pages : 485
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Book Description
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. This title is included in Bloomsbury Professional's International Arbitration online service.
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: Art Hinshaw
Publisher: Oxford University Press
ISBN: 0197513263
Category : Law
Languages : en
Pages : 416
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 428
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Book Description
Author: Art Hinshaw
Publisher: Oxford University Press
ISBN: 0197513247
Category : Law
Languages : en
Pages : 443
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Book Description
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Author: Sonia Macleod
Publisher: Bloomsbury Publishing
ISBN: 1509916725
Category : Law
Languages : en
Pages : 321
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Book Description
This book examines how regulatory and liability mechanisms have impacted upon product safety decisions in the pharmaceutical and medical devices sectors in Europe, the USA and beyond since the 1950s. Thirty-five case studies illustrate the interplay between the regulatory regimes and litigation. Observations from medical practice have been the overwhelming means of identifying post-marketing safety issues. Drug and device safety decisions have increasingly been taken by public regulators and companies within the framework of the comprehensive regulatory structure that has developed since the 1960s. In general, product liability cases have not identified or defined safety issues, and function merely as compensation mechanisms. This is unsurprising as the thresholds for these two systems differ considerably; regulatory action can be triggered by the possibility that a product might be harmful, whereas establishing liability in litigation requires proving that the product was actually harmful. As litigation normally post-dates regulatory implementation, the 'private enforcement' of public law has generally not occurred in these sectors. This has profound implications for the design of sectoral regulatory and liability regimes, including associated features such as extended liability law, class actions and contingency fees. This book forms a major contribution to the academic debate on the comparative utility of regulatory and liability systems, on public versus private enforcement, and on mechanisms of behaviour control.
Author:
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 832
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Book Description
Author: Bernard S. Mayer
Publisher: John Wiley & Sons
ISBN: 0787974064
Category : Business & Economics
Languages : en
Pages : 334
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Book Description
In this thought-provoking, passionately written book, Bernard Mayer—an internationally acclaimed leader in the field—dares practitioners to ask the hard questions about alternative dispute resolution. What’s wrong with conflict resolution? Why aren’t more individuals and organizations using conflict resolution when they have a problem? Why doesn’t the public know more about it? What are the limits of conflict resolution? When does conflict resolution work and when does it not? Offering a committed practitioner’s critique of the profession of mediation, arbitration, and alternative dispute resolution, Beyond Neutrality focuses on the current crisis in the field of conflict resolution and offers a pragmatic response.
