ADR and the Courts

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Author :
Publisher : Butterworth-Heinemann
ISBN 13 : 1483161978
Total Pages : 358 pages
Book Rating : 4.4/5 (831 download)

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Book Synopsis ADR and the Courts by : Erika S. Fine

Download or read book ADR and the Courts written by Erika S. Fine and published by Butterworth-Heinemann. This book was released on 2014-05-16 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.

Adr, the Judiciary, and Justice

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Adr, the Judiciary, and Justice by : Erin Ryan

Download or read book Adr, the Judiciary, and Justice written by Erin Ryan and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: [This student note is the closing chapter of the Harvard Law Review Developments in the Law Issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself--in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. "Alternative" models of dispute resolution have inarguably penetrated the mainstream; the relevant question now is how they will change it. The judicial embrace of ADR presents opportunities and concerns that distinguish court-annexed programs from the broader trend of contractual ADR. Its versatile mechanisms have much to offer overloaded courts, but as ADR gains ground in the judiciary, it becomes urgent to better isolate the values of each from the other. Policymakers must carefully design judicial ADR programs to preserve the access to public adjudication that has rendered the judiciary so invaluable an institution, and they must incorporate into judicial ADR the procedural norms necessary to satisfy fundamental fairness without sacrificing the flexibility that gives ADR its force. This Part explores developments in ADR generally, with prescriptive attention to the unfolding progress of the judicial use of ADR. Section A reviews the history of the modern ADR movement, section B surveys significant developments in statutory and case law, and section C outlines the need for further procedural elaboration in court-annexed ADR.

Judge's Deskbook on Court ADR

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Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Judge's Deskbook on Court ADR by :

Download or read book Judge's Deskbook on Court ADR written by and published by . This book was released on 1995 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulating Dispute Resolution

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Publisher : A&C Black
ISBN 13 : 1782253580
Total Pages : 485 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Regulating Dispute Resolution by : Felix Steffek

Download or read book Regulating Dispute Resolution written by Felix Steffek and published by A&C Black. This book was released on 2014-07-18 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.

Appellate Mediation Program

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Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Appellate Mediation Program by : United States. Court of Appeals (District of Columbia Circuit)

Download or read book Appellate Mediation Program written by United States. Court of Appeals (District of Columbia Circuit) and published by . This book was released on 1993 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ADR and Settlement in the Federal District Courts

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Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.:/5 (38 download)

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Book Synopsis ADR and Settlement in the Federal District Courts by : Elizabeth S. Plapinger

Download or read book ADR and Settlement in the Federal District Courts written by Elizabeth S. Plapinger and published by . This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging Civil Justice

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Publisher : Cambridge University Press
ISBN 13 : 0521118948
Total Pages : 229 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Judging Civil Justice by : Hazel G. Genn

Download or read book Judging Civil Justice written by Hazel G. Genn and published by Cambridge University Press. This book was released on 2010 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.

Shadow Justice

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Publisher : Praeger
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Shadow Justice by : Christin Harrington

Download or read book Shadow Justice written by Christin Harrington and published by Praeger. This book was released on 1985-11-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first critical examination of informal dispute processing links the institutionalization of alternatives to the court process and the ideology of informalism with the evolution of the American court system. The author connects dispute processing reform to the broader social and political context in which it developed, including the rise of judicial management in the Progressive period and the reconstruction of court unification in the 1970s. Harrington defines legal resources and their distribution in alternative dispute resolution policy before focusing on the institutionalization of this reform in a case study of a federally sponsored Neighborhood Justice Center. In conclusion, Harrington finds that the symbols of informalism and its institutions are a mere shadow of conventional legal practices.

Alternative Dispute Resolution in European Administrative Law

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Publisher : Springer
ISBN 13 : 3642349463
Total Pages : 624 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Alternative Dispute Resolution in European Administrative Law by : Dacian C. Dragos

Download or read book Alternative Dispute Resolution in European Administrative Law written by Dacian C. Dragos and published by Springer. This book was released on 2014-09-19 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Court-referred ADR in New York State

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Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Court-referred ADR in New York State by : New York State Court Alternative Dispute Resolution Project

Download or read book Court-referred ADR in New York State written by New York State Court Alternative Dispute Resolution Project and published by . This book was released on 1996 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution Programs

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Author :
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.0/5 (18 download)

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Book Synopsis Alternative Dispute Resolution Programs by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration

Download or read book Alternative Dispute Resolution Programs written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration and published by . This book was released on 1993 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Formalisation and Flexibilisation in Dispute Resolution

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004281177
Total Pages : 424 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Formalisation and Flexibilisation in Dispute Resolution by : Joachim Zekoll

Download or read book Formalisation and Flexibilisation in Dispute Resolution written by Joachim Zekoll and published by Martinus Nijhoff Publishers. This book was released on 2014-09-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.

Civil Justice Expense and Delay Reduction Plan

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Publisher :
ISBN 13 :
Total Pages : 102 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Civil Justice Expense and Delay Reduction Plan by : United States. District Court (California : Northern District)

Download or read book Civil Justice Expense and Delay Reduction Plan written by United States. District Court (California : Northern District) and published by . This book was released on 1991 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Dispute Resolution

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Publisher :
ISBN 13 : 9781839988660
Total Pages : 0 pages
Book Rating : 4.9/5 (886 download)

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Book Synopsis Judicial Dispute Resolution by : Lawrence Susskind

Download or read book Judicial Dispute Resolution written by Lawrence Susskind and published by . This book was released on 2023-04-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the ways in which judges, using judicial dispute resolution (JDR), have been facilitating problem-solving among litigants, and in the process ensuring more just outcomes. JDR is similar to mediation, alternative dispute resolution (ADR), as it is sometimes called, but it is provided by a judge, not a private mediator. Very little has been written about JDR, especially in Canada where it has been pioneered for several decades, because all the records have remained confidential. The story can now be told because the authors were given exclusive access to the records and the parties (including the JDR judges) in nine illustrative cases. The authors provide a complete Teaching Appendix summarizing the JDR cases from the standpoint of a variety of legal specialties, while highlighting the differences between JDR and ADR.

Civil Litigation Management Manual

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Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Civil Litigation Management Manual by :

Download or read book Civil Litigation Management Manual written by and published by . This book was released on 2010 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution in Tanzania

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Publisher : African Books Collective
ISBN 13 : 998775354X
Total Pages : 226 pages
Book Rating : 4.9/5 (877 download)

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Book Synopsis Alternative Dispute Resolution in Tanzania by : J. Mashamba

Download or read book Alternative Dispute Resolution in Tanzania written by J. Mashamba and published by African Books Collective. This book was released on 2014-09-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

ADR Guidebook

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Publisher :
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis ADR Guidebook by : United States. Court of Appeals (9th Circuit). Standing Committee on Alternative Dispute Resolution

Download or read book ADR Guidebook written by United States. Court of Appeals (9th Circuit). Standing Committee on Alternative Dispute Resolution and published by . This book was released on 2003 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: