Delivering Dispute Resolution: A Holistic Review of Models in England and Wales

Author: Christopher Hodges
Publisher: Hart Publishing
ISBN: 9781509916894
Published In: October 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms.

Examining dispute resolution pathways from users’ perspectives, the book highlights options such as ombudsmen, regulators and courts as well as mediation and other ADR approaches. It maps numerous various sectoral developments to see if learning might be spread to other sectors.

Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; and identifying effective ways for achieving behavioural change.

This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the nation’s legal system.

1. Introduction

PART A - SETTING THE SCENE:

2. Affecting Behaviour

3. People's Problems: Incidence, Types, Pathways and Objectives

4. Courts

5. The Courts: A Story of Costs and Funding Problems

6. ADR

7. Digitisation of the Courts

8. Helping People with Problems

PART B - TYPES OF DISPUTES:

9. Consumer-Trader Disputes

10. Personal Injuries