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....

Deal Mediation: The Future of Alternative Dispute Resolution

2021 ◽  
Vol 10 (2) ◽  
pp. 144-150
Author(s):  
Claude Amar
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Future ◽  
Deal Making

Während Mediation als eine exzellente Methode zur Beilegung bereits bestehender Streitigkeiten hinreichend bekannt ist, kann sie sich gerade als Mittel der Konfliktvermeidung als zumindest genauso nützlich erweisen. Obwohl Mediation in dieser Weise noch nicht breitenwirksam eingesetzt wird, sprechen starke Argumente dafür, Mediation nicht nur als Alternative zu etablierten Streitbeilegungsmethoden einzusetzen, sondern sie gezielt als frühes und vorbeugendes Mittel im Bereich des Deal Making zu nutzen. Dieser Beitrag zielt darauf ab, die Vorteile von Mediation in nicht-konventionellen Bereichen und gerade im Zusammenhang mit Deal Making und Deal Management hervorzueheben, und damit ihre weiterreichende Nutzung und Weiterentwicklung zu fördern.

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.

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.

§ 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.

scholarly journals International Commercial Arbitration and the Canadian Experience

1995 ◽  
Vol 34 (1) ◽  
pp. 137 ◽  
Author(s):  
David R. Haigh ◽  
Alicia K. Kunetzki ◽  
Christine M. Antony
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Canadian Experience ◽  
The Future ◽  
Model Law ◽  
International Conventions

International Commercial Arbitration although enjoying a long pedigree, has only recently become a "hot topic." This is due to the growing trends towards institutionalizing and unifying ICA processes. These trends are signified by the rise in private, neutral arbitration institutions and by the adoption, in many states, of international conventions and model laws. The unification of laws is the most recent process in this trend. These trends are all examined in some detail. It is noted how the lex arbitri, or law of the situs of the arbitration, can affect the rules and procedures of the arbitration. The UNCITRAL Model Law is examined as the key example of the unification of laws movement. The alternative dispute resolution provision of NAFTA is also commented on. The authors then focus specifically on Canada's contributions to and participation in ICA. In an important closing section, Canadian jurisprudence interpreting the new Canadian ICA legislation is comprehensively surveyed. The authors conclude by giving an outlook on the future of ICA and Canada's role therein.

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.

Civil Litigation 2019-2020

2019 ◽  
Author(s):  
Susan Cunningham-Hill ◽  
Karen Elder
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Best Practice ◽  
Codes Of Conduct ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Legal Services ◽  
Professional Conduct ◽  
Practical Guide ◽  
Practical Guidance

Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook which includes the Codes of Conduct for firms and for solicitors. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections are expected to be fully in force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equitable remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.

Sign in / Sign up

Export Citation Format

Share Document