Alternative Dispute Resolution In Civil Justice Systems

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Alternative Dispute Resolution in Civil Justice Systems

Author : Roger E. Hartley
Publisher : LFB Scholarly Publishing LLC
ISBN 13 : 9781931202367
Total Pages : 296 pages
Book Rating : 4.2/5 (23 download)

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Book Synopsis Alternative Dispute Resolution in Civil Justice Systems by : Roger E. Hartley

Download or read book Alternative Dispute Resolution in Civil Justice Systems written by Roger E. Hartley and published by LFB Scholarly Publishing LLC. This book was released on 2002 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hartley examines the introduction of alternative dispute resolution (e.g., mediation) in a court system in Georgia. Attorneys supported the introduction of mediation to consolidate control of the legal process and to add it to their practices. They also used mediation to settle some cases more quickly. Mediation gave judges flexibility to weed out minor cases and process others more quickly. However, these changes were not so great as to put a dent in settlement or trial rates, and Hartley concludes that while changes in court procedures have effects, researchers need to examine the behavior of actors in depth in order to discover these effects.

Judging Civil Justice

Author : Hazel G. Genn
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.

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies

Author : Yin, Elijah Tukwariba
Publisher : IGI Global
ISBN 13 : 1799878996
Total Pages : 265 pages
Book Rating : 4.7/5 (998 download)

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Book Synopsis Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies by : Yin, Elijah Tukwariba

Download or read book Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies written by Yin, Elijah Tukwariba and published by IGI Global. This book was released on 2021-06-18 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

Alternative Dispute Resolution in North Carolina

Author : Jacqueline Clare
Publisher : North Carolina Bar Foundatio
ISBN 13 : 0615235662
Total Pages : 352 pages
Book Rating : 4.6/5 (152 download)

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Book Synopsis Alternative Dispute Resolution in North Carolina by : Jacqueline Clare

Download or read book Alternative Dispute Resolution in North Carolina written by Jacqueline Clare and published by North Carolina Bar Foundatio. This book was released on 2008-07-08 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Edition e-book only

Dispute Processes

Author : Simon Roberts
Publisher : Cambridge University Press
ISBN 13 : 9780521676014
Total Pages : 412 pages
Book Rating : 4.6/5 (76 download)

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Book Synopsis Dispute Processes by : Simon Roberts

Download or read book Dispute Processes written by Simon Roberts and published by Cambridge University Press. This book was released on 2005-10-20 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.

Alternative Dispute Resolution in Tanzania

Author : J. Mashamba
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.

Foundations of Civil Justice

Author : Fabien Gélinas
Publisher : Springer
ISBN 13 : 3319187759
Total Pages : 145 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Foundations of Civil Justice by : Fabien Gélinas

Download or read book Foundations of Civil Justice written by Fabien Gélinas and published by Springer. This book was released on 2015-06-26 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.

Appellate Mediation Program

Author : United States. Court of Appeals (District of Columbia Circuit)
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:

New Pathways to Civil Justice in Europe

Author : Xandra Kramer
Publisher : Springer Nature
ISBN 13 : 3030666379
Total Pages : 313 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis New Pathways to Civil Justice in Europe by : Xandra Kramer

Download or read book New Pathways to Civil Justice in Europe written by Xandra Kramer and published by Springer Nature. This book was released on 2021-09-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Alternative Dispute Resolution Programs

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration
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:

Annual Report to the Governor and the Legislature, ...

Author : Texas. State Board of Control
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Annual Report to the Governor and the Legislature, ... by : Texas. State Board of Control

Download or read book Annual Report to the Governor and the Legislature, ... written by Texas. State Board of Control and published by . This book was released on 1921 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Formalisation and Flexibilisation in Dispute Resolution

Author : Joachim Zekoll
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.

Alternative Dispute Resolution

Author : Albert Fiadjoe
Publisher : Routledge
ISBN 13 : 1135332096
Total Pages : 191 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Alternative Dispute Resolution by : Albert Fiadjoe

Download or read book Alternative Dispute Resolution written by Albert Fiadjoe and published by Routledge. This book was released on 2013-03-04 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Court Mediation Reform

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435861
Total Pages : 296 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Court Mediation Reform by : Shahla F. Ali

Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Role of Ethics in ADR

Author :
Publisher : Aspatore Books
ISBN 13 : 9780314279699
Total Pages : 0 pages
Book Rating : 4.2/5 (796 download)

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Book Synopsis The Role of Ethics in ADR by :

Download or read book The Role of Ethics in ADR written by and published by Aspatore Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.

Essays on Mediation

Author : Ian Macduff
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183671
Total Pages : 314 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Essays on Mediation by : Ian Macduff

Download or read book Essays on Mediation written by Ian Macduff and published by Kluwer Law International B.V.. This book was released on 2016-09-16 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox. But how firm a sense do we have about the social formation we call ‘mediation’? Through reflections and case histories, this distinctive collection of essays by experienced mediators from across the globe provides a clearer understanding than we have had heretofore of what mediation is and what it can offer as a practical, accessible and positive alternative in civil justice systems. The authors each address ways mediation has been or can be applied to dispute resolution in such pressing contexts as the following: • enduring and intense conflicts; • planning and environmental issues; • conflicts arising between refugee and ‘host’ communities; • elder care; • intercultural settings; • online communication; • science-based disputes; and • public policy disputes. The questions raised as to access to justice, identifying unmet needs, improving the provision of services, and fostering an ongoing conversation on mediation go well beyond the confines of commercial dispute resolution and the walls of courtrooms. Through the practical experiences described, useful and insightful perspectives emerge on the practice, principles and legitimacy of mediation. These invaluable reports and reflections on the powerful resources that mediation and mediators can bring to the table will be welcomed by a diversity of legal practitioners and jurists as well as academics.

Alternative Dispute Resolution

Author : Michael Freeman
Publisher : New York University Press
ISBN 13 :
Total Pages : 572 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Alternative Dispute Resolution by : Michael Freeman

Download or read book Alternative Dispute Resolution written by Michael Freeman and published by New York University Press. This book was released on 1995-07 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.