5. Alternative Dispute Resolution

2019 ◽  
pp. 51-67
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Early Stage ◽  
Civil Procedure ◽  
Different Types

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

5. Alternative dispute resolution

2017 ◽  
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Early Stage ◽  
Civil Procedure ◽  
Different Types

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available, including a more detailed look at the most common ones. It covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

5. Alternative Dispute Resolution

2021 ◽  
pp. 51-67
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Early Stage ◽  
Civil Procedure ◽  
Different Types

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding to trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

5. Alternative Dispute Resolution

2020 ◽  
pp. 51-67
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Early Stage ◽  
Civil Procedure ◽  
Different Types

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

5. Alternative Dispute Resolution

2018 ◽  
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Early Stage ◽  
Civil Procedure ◽  
Different Types

This chapter deals with the methods by which the Civil Procedure Rules (CPR) encourage parties to settle their disputes at an early stage and, ultimately, without proceeding trial. It also looks at the methods of dispute resolution that may be available. The chapter includes a detailed look at the most common dispute resolution methods. Further, it covers the different types of alternative dispute resolution (ADR); the integration of ADR into the CPR; the philosophy of ADR; and a detailed look at mediation.

Part II The Member State Reports on Transposition of the Directive, 16 Spain

2018 ◽  
Author(s):  
Marcos Francisco
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Civil Procedure ◽  
General Overview ◽  
Full Compensation ◽  
The Right

This chapter examines the transposition of the Antitrust Damages Directive in Spain. It begins with a general overview of the transposition process, focusing on the Transposition Decree that inserts new articles in the Defence Competition Act of 2007 and in the Civil Procedure Act. It then describes the material, territorial, and temporal scope of the Transposition Decree before analysing the main issues concerning antitrust damages claims affected by the Transposition Decree or that may be relevant in future actions for damages, such as those relating to the jurisdiction of competent courts to decide damages claims based on infringements of competition law, the right to full compensation, joint and several/parental liability, passing-on of the harm and claims by indirect purchasers/suppliers, the limitation period for bringing damages claims, the use of alternative dispute resolution procedures, measures to facilitate claims, and collective claims and consumer redress.

§ 278a ZPO als Schnittstelle zwischen Gerichtsverfahren und außergerichtlicher Mediation

2019 ◽  
Author(s):  
Clemens Bushart
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Court Proceedings

Choosing the appropriate conflict resolution procedure is paramount to proper and effective conflict management. An important impetus for the choice of the most suitable procedure is provided by § 278a of the ZPO (Germany’s Code of Civil Procedure), which enables judges to suggest a range of out-of-court alternative dispute resolution procedures, including mediation. In this study, the author analyses the regulatory content of § 278a of the ZPO as well as the function and potential of the provision to act as an interface between court proceedings and extrajudicial mediation. Using the finding that judges rarely propose that litigants switch to extrajudicial mediation, the author empirically examines the reasons for the cautious application of § 278a of the ZPO and develops a set of comprehensive recommendations to optimise the procedural interface.

Mediation and Alternative Dispute Resolution

2021 ◽  
pp. 470-491
Author(s):  
Edwin Glasgow QC ◽  
Marion Smith QC
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Standard Form ◽  
Civil Procedure ◽  
England And Wales ◽  
Industry Standard ◽  
The World ◽  
The Uk ◽  
Resolution Processes

This chapter focuses on alternative dispute resolution (ADR), which is used as a collective description of various methods of resolving disputes other than through the formal adversarial processes of litigation or arbitration. It emphasizes how ADR is now recognized in construction industry standard form contracts that provide for dispute resolution processes. It also mentions courts in the UK and throughout the world that support and actively encourage ADR, specifically in England and Wales that includes ADR as part of the Civil Procedure Rules (CPR). This chapter considers the use of ADR to assist in resolving disputes in the construction industry. It concentrates on mediation but also looks at negotiation and early neutral evaluation.

Foundational Because Prescient (and Unfortunately, Cassandra-like Prescience)

2021 ◽  
pp. 387-390
Author(s):  
James Coben
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
The Future ◽  
Easy Case

As a law professor who teaches civil procedure and mediation, Pursuing Settlement reads like a history. Menkel-Meadow’s uncanny accuracy in predicting the future, her prescient fears for where institutionalization of alternative dispute resolution (ADR) might take us, and the remarkable continued relevance of her suggested reforms and accompanying experimentation combine to make an easy case for declaring her work foundational....

Providing Cheaper Paths to Court

2017 ◽  
Author(s):  
Steven P. Croley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Jury Trials ◽  
Small Claims ◽  
Civil Proceeding ◽  
Civil Cases ◽  
Small Claims Court

This chapter focuses on reforms that seek to make litigation more accessible by lowering its "price." After explaining the promises and limits of familiar alternatives to traditional litigation, such as alternative dispute resolution and health courts, the chapter proposes the establishment of new forms of civil proceeding. In particular, it proposes a new "medium claims court" that has some, but fewer, of the features of traditional litigation. A medium claims court should be designed for cases in which the stakes are too great for small claims court but too small for ordinary litigation. In this same vein, this chapter also proposes adoption of expedited jury trials and experimentation with small claims juries. More generally, it argues that parties should be incentivized, and judges should affirmatively be encouraged, to adopt tailored litigation processes according to the needs and stakes of all civil cases, in order to ensure that civil procedure better aligns litigation costs to the size of a given case.

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