ADR and Trusts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook ADR and Trusts write by Grant Jones. This book was released on 2015-01-05. ADR and Trusts available in PDF, EPUB and Kindle. Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.
ADR in the Workplace
ADR in the Workplace - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook ADR in the Workplace write by Laura J. Cooper. This book was released on 2005. ADR in the Workplace available in PDF, EPUB and Kindle. Arbitration, mediation, and other forms of alternative dispute resolution now have largely replaced litigation as the means of resolving all kinds of employment disputes in a variety of workplaces. These dispute resolution processes fundamentally alter the advocate s role and even the definition of employee legal rights. Disputes involving unionized workers have been resolved in arbitration for more than fifty years, but increasingly the process is being adapted to address the statutory and common law rights of nonunion employees. Issues such as employment discrimination that earlier would have been litigated are often now resolved in mediation. This textbook uses essays, arbitration awards, and court decisions to bring to the classroom the reality of contemporary workplace decision-making. It comprehensively addresses the substance and procedure for arbitration, mediation, and other dispute resolution mechanisms. The employment arbitration materials, in particular,
Arbitration of Trust Disputes
Arbitration of Trust Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitration of Trust Disputes write by S.I Strong. This book was released on 2012. Arbitration of Trust Disputes available in PDF, EPUB and Kindle. Once considered nothing more than “mere” estate planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of dollars of income each year. However, the rising popularity of both commercial and non-commercial trusts has led to an explosion in hostile trust litigation, leading settlors and trustees to search for new and less expensive ways to resolve trust-related disputes. One possible solution involves use of a mandatory arbitration provision in the trust itself. However, the unique, multiparty nature of trust disputes often makes this sort of arbitration highly controversial. Several U.S. states have taken diametrically opposed positions on mandatory trust arbitration, although the vast majority of jurisdictions have not yet addressed this matter. This Article considers the various issues that arise when two separate bodies of law - trust law and arbitration law - collide, using recent developments in the field of international commercial arbitration to address some of the more intransigent problems facing trust arbitration. The Article focuses on five areas of concern: the potential for impermissible ouster of the courts, the operability and effectiveness of the arbitration provision, the extent to which the arbitration provision is binding on the party against whom arbitration is asserted, proper representation of parties and arbitrability. In so doing, this Article introduces a number of new judicial decisions not previously considered in the scholarly literature and brings using a uniquely comparative and international perspective to the debate regarding the jurisprudential propriety of mandatory trust arbitration.
Donative Trusts and the United States Federal Arbitration Act
Donative Trusts and the United States Federal Arbitration Act - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Donative Trusts and the United States Federal Arbitration Act write by David Horton. This book was released on 2016. Donative Trusts and the United States Federal Arbitration Act available in PDF, EPUB and Kindle. In the United States, every reported case grappling with the validity of an arbitration clause in a donative trust shares the assumption that state law governs. The same is true of the vast majority of scholarship on the topic. Conversely, this chapter in Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, forthcoming 2016) argues that the Federal Arbitration Act (FAA) applies to some trust arbitration provisions. It then explores the consequences that flow from this conclusion.
Arbitration of Trust Disputes
Arbitration of Trust Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitration of Trust Disputes write by Clover Alcolea, Lucas. This book was released on 2022-05-06. Arbitration of Trust Disputes available in PDF, EPUB and Kindle. There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.
