Regulating Dispute Resolution

Regulating Dispute Resolution

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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 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.The Costs of Options in Negotiationa#39; (2003) 88 Iowa Law Review 601 Hampshire, S, Justice is Conflict (Princeton, Princeton ... a#39;Honda Civic Loses Unusual Small Claims Suit (to Heather Peters)a#39;, Los Angeles Times, 1 February 2012, Business Section, 1 Jacobs, M, a#39;Legal Beat: Private Jury Trials: Cheap, Quick and Controversiala#39;, Wall Street Journal, 7 July 1997, B-1 Joseph, J, a#39;Mediation in War: Winninganbsp;...

Title:Regulating Dispute Resolution
Author: Felix Steffek, Hannes Unberath
Publisher:Bloomsbury Publishing - 2014-07-04

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