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Vol 21 No 11 Nov/Dec 2016

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Regulating Dispute Resolution: ADR and Access to Justice at the Crossroads

Edited by: Felix Steffek, Hannes Unberath

ISBN13: 9781849462587
Published: September 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £64.99



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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 what 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 regarding policy choices, regulatory strategies and the practice of conflict resolution.

Subjects:
Arbitration and Dispute Resolution, Courts and Procedure
Contents:
Part 1: Fundamental Issues
1. Guide for Regulating Dispute Resolution (GRDR): Principles Felix Steffek and Hannes Unberath (coordinators), Lin Adrian, Aldo De Matteis, Giuseppe De Palo, Frederique Ferrand, Reinhard Greger, Jana Hartling, Ulrike Janzen, Shusuke Kakiuchi, Lars Kirchhoff , Peter G Mayr, Isaak Meier, Kristin Nemeth, Machteld Pel, Anneken K Sperr and Ivan Verougstraete
2. Guide for Regulating Dispute Resolution (GRDR): Principles and Comments Felix Steff ek and Hannes Unberath (coordinators), Lin Adrian, Aldo De Matteis, Giuseppe De Palo, Frederique Ferrand, Reinhard Greger, Jana Hartling, Ulrike Janzen, Shusuke Kakiuchi, Lars Kirchhoff , Peter G Mayr, Isaak Meier, Kristin Nemeth, Machteld Pel, Anneken K Sperr and Ivan Verougstraete
3. Principled Regulation of Dispute Resolution: Taxonomy, Policy, Topics Felix Steffek

Part 2: Regulation of Dispute Resolution
4. Regulation of Dispute Resolution in Austria: A Traditional Litigation Culture Slowly Embraces ADR Peter G Mayr and Kristin Nemeth
5. Regulation of Dispute Resolution in Belgium: Workable Solutions? Ivan Verougstraete
6. Regulation of Dispute Resolution in Denmark: Mediation, Arbitration, Boards and Tribunals Lin Adrian
7. Regulation of Dispute Resolution in England and Wales: A Sceptical Analysis of Government and Judicial Promotion of Private Mediation Hazel Genn, Shiva Riahi and Katherine Pleming
8. Regulation of Dispute Resolution in France: Evolutions and Challenges Frederique Ferrand
9. Regulation of Dispute Resolution in Germany: Cautious Steps towards the Construction of an ADR System Burkhard Hess and Nils Pelzer
10. Regulation of Dispute Resolution in Italy: The Bumps in the Road to Successful ADR Giuseppe De Palo and Ashley E Oleson
11. Regulation of Dispute Resolution in Japan: Alternative Dispute Resolution and its Background Shusuke Kakiuchi
12. Regulation of Dispute Resolution in the Netherlands: Does Regulation Support or Hinder the Use of ADR? Machteld Pel
13. Regulation of Dispute Resolution in Norway: Vertical and Horizontal Regulatory Strategies Anneken Kari Sperr
14. Regulation of Dispute Resolution in Switzerland: Mediation, Conciliation and Other Forms of ADR in Switzerland Isaak Meier in cooperation with Miguel Sogo, Sotirios Kotronis, Sarah Scheiwiller, David Siegwart, Claudia Wyss, Dheden Zotsang and Carlo Hamburger
15. Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the 'Semi-formal' Carrie Menkel-Meadow