Regulating Dispute Resolution ADR and Access to Justice at the Crossroads

Author: Felix Steffek; Hannes Unberath; Hazel Genn; Reinhard Greger; Carrie Menkel-Meadow
Publisher: Hart Publishing
ISBN: 9781849462587
Published In: September 2013
Format: Hardback , 490 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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.