Court Mediation Reform
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Author | : Shahla F. Ali |
Publisher | : Edward Elgar Publishing |
Total Pages | : 237 |
Release | : 2018-03-30 |
Genre | : Law |
ISBN | : 1786435861 |
Download Court Mediation Reform Book in PDF, Epub and Kindle
As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
Author | : Laura Ervo |
Publisher | : Springer |
Total Pages | : 424 |
Release | : 2014-07-05 |
Genre | : Law |
ISBN | : 3319044656 |
Download The Future of Civil Litigation Book in PDF, Epub and Kindle
This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.
Author | : |
Publisher | : |
Total Pages | : 146 |
Release | : 1995 |
Genre | : Dispute resolution (Law) |
ISBN | : |
Download Judge's Deskbook on Court ADR Book in PDF, Epub and Kindle
Author | : Penny Brooker |
Publisher | : Routledge |
Total Pages | : 315 |
Release | : 2013-10-23 |
Genre | : Law |
ISBN | : 1136018883 |
Download Mediation Law Book in PDF, Epub and Kindle
In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.
Author | : Roger E. Hartley |
Publisher | : LFB Scholarly Publishing LLC |
Total Pages | : 296 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9781931202367 |
Download Alternative Dispute Resolution in Civil Justice Systems Book in PDF, Epub and Kindle
Hartley examines the introduction of alternative dispute resolution (e.g., mediation) in a court system in Georgia. Attorneys supported the introduction of mediation to consolidate control of the legal process and to add it to their practices. They also used mediation to settle some cases more quickly. Mediation gave judges flexibility to weed out minor cases and process others more quickly. However, these changes were not so great as to put a dent in settlement or trial rates, and Hartley concludes that while changes in court procedures have effects, researchers need to examine the behavior of actors in depth in order to discover these effects.
Author | : Julia Margaret Weingardt |
Publisher | : |
Total Pages | : 294 |
Release | : 2007 |
Genre | : Divorce mediation |
ISBN | : |
Download Court-based Divorce Mediation Book in PDF, Epub and Kindle
Author | : Massachusetts. Supreme Judicial Court/Trial Court Standing Committee on Dispute Resolution |
Publisher | : |
Total Pages | : 232 |
Release | : 1998 |
Genre | : Dispute resolution (Law) |
ISBN | : |
Download Report to the Legislature on the Impact of Alternative Dispute Resolution on the Massachusetts Trial Court Book in PDF, Epub and Kindle
...Summarizes the current and pending policies of the Supreme Judicial Court and the Trial Court with respect to alternative dispute resolution (ADR); describes the trial court's current ADR programs and their impact and reports the key findings of studies evaluating court-connected ADR in Massachusetts and elsewhere; appendices include lists of ADR programs in Superior and District Court, summaries of research on the impact of ADR and articles regarding the use of ADR by the legal profession and business...
Author | : Andrew Agapiou |
Publisher | : Routledge |
Total Pages | : 131 |
Release | : 2016-11-10 |
Genre | : Technology & Engineering |
ISBN | : 1317609883 |
Download Court-Connected Construction Mediation Practice Book in PDF, Epub and Kindle
The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
Author | : Peter C.H. Chan |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 339 |
Release | : 2017-09-18 |
Genre | : Law |
ISBN | : 9004342397 |
Download Mediation in Contemporary Chinese Civil Justice Book in PDF, Epub and Kindle
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Author | : United States. District Court (Pennsylvania : Middle District) |
Publisher | : |
Total Pages | : 44 |
Release | : 1993 |
Genre | : Civil procedure |
ISBN | : |
Download Civil Justice Reform Act of 1990 Book in PDF, Epub and Kindle