Regulating Dispute Resolution

ADR and Access to Justice at the Crossroads

Felix Steffek, Hannes Unberath

• Éditeur: Hart Publishing
• Année: 2014
• ISBN:
  9781782253570
• Édition: 1
• Sujet: Droit
• Sous-sujet: Arbitrage, négociation et médiation en droit

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.

Table des matières

• Preliminary Pages
• Preface
• Contents Summary
• Detailed Contents
• Contributors
• Abbreviations
• Part 1: Fundamental Issues
• 1. Guide for Regulating Dispute Resolution (GRDR): Principles
• 2. Guide for Regulating Dispute Resolution (GRDR): Principles and Comments
• 3. Principled Regulation of Dispute Resolution: Taxonomy, Policy, Topics
• Part 2: Regulation of Dispute Resolution
• 4. Regulation of Dispute Resolution in Austria: A Traditional Litigation Culture Slowly Embraces ADR
• 5. Regulation of Dispute Resolution in Belgium: Workable Solutions?
• 6. Regulation of Dispute Resolution in Denmark: Mediation, Arbitration, Boards and Tribunals
• 7. Regulation of Dispute Resolution in England and Wales: A Sceptical Analysis of Government and Judicial Promotion of Private Mediation
• 8. Regulation of Dispute Resolution in France: Evolutions and Challenges
• 9. Regulation of Dispute Resolution in Germany: Cautious Steps towards the Construction of an ADR System
• 10. Regulation of Dispute Resolution in Italy: The Bumps in the Road to Successful ADR
• 11. Regulation of Dispute Resolution in Japan: Alternative Dispute Resolution and its Background
• 12. Regulation of Dispute Resolution in the Netherlands: Does Regulation Support or Hinder the Use of ADR?
• 13. Regulation of Dispute Resolution in Norway: Vertical and Horizontal Regulatory Strategies
• 14. Regulation of Dispute Resolution in Switzerland: Mediation, Conciliation and Other Forms of ADR in Switzerland
• 15. Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the 'Semi-formal'