Regulating Dispute Resolution: Adr and Access to Justice at the Crossroads - Hardcover

Bloomsbury

Hardcover

ISBN 10: 1849462585 ISBN 13: 9781849462587

Publisher: Hart Publishing, 2013

Synopsis

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 whichsolutions 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.

About this title

About the Author

Felix Steffek, Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg. Hannes Unberath, Professor of Law at the University of Bayreuth (deceased). Hazel Genn DBE, QC (Hon), Dean of Laws, University College London. Reinhard Greger, Professor of Law at the University of Erlangen-Nürnberg. Carrie Menkel-Meadow, Professor of Law at UC Irvine School of Law and Professor of Dispute Resolution and Civil Procedure at Georgetown University Law School.

Edition details

• Publisher: Hart Publishing
• Publication date: 2013
• Language: English
• ISBN 10: 1849462585
• ISBN 13: 9781849462587
• Binding: Hardcover
• Number of pages: 490
• Editor: Felix Steffek, Hannes Unberath, In Cooperation With Hazel Genn, Reinhard Greger And Carrie Menkel-Meadow