Court Mediation Reform

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Release : 2018-03-30
Genre : Law
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Book Rating : 861/5 ( reviews)

Court Mediation Reform - 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 Court Mediation Reform write by Shahla F. Ali. This book was released on 2018-03-30. Court Mediation Reform available 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.

The Future of Civil Litigation

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Release : 2014-07-05
Genre : Law
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Book Rating : 656/5 ( reviews)

The Future of Civil Litigation - 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 The Future of Civil Litigation write by Laura Ervo. This book was released on 2014-07-05. The Future of Civil Litigation available 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.

Judge's Deskbook on Court ADR

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Release : 1995
Genre : Dispute resolution (Law)
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Book Rating : /5 ( reviews)

Judge's Deskbook on Court ADR - 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 Judge's Deskbook on Court ADR write by . This book was released on 1995. Judge's Deskbook on Court ADR available in PDF, EPUB and Kindle.

Mediation Law

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Release : 2013-10-23
Genre : Law
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Book Rating : 883/5 ( reviews)

Mediation Law - 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 Mediation Law write by Penny Brooker. This book was released on 2013-10-23. Mediation Law available 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.

Mediation in Contemporary Chinese Civil Justice

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Release : 2017-09-18
Genre : Law
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Book Rating : 397/5 ( reviews)

Mediation in Contemporary Chinese Civil Justice - 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 Mediation in Contemporary Chinese Civil Justice write by Peter C.H. Chan. This book was released on 2017-09-18. Mediation in Contemporary Chinese Civil Justice available 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.