Guide to Judicial Management of Cases in ADR

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Publisher :
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Guide to Judicial Management of Cases in ADR by : Robert J. Niemic

Download or read book Guide to Judicial Management of Cases in ADR written by Robert J. Niemic and published by . This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication offers guidance to federal trial and bankruptcy courts on when and how to refer appropriate cases to ADR and how to manage cases referred to ADR. FJC research found that although much has been written about basic ADR concepts, little comprehensive, easily accessible advice on ADR referrals had been written from the court's perspective. The purpose of the book is not to advocate ADR use but rather to present various approaches that judges and parties may choose to follow when considering and using ADR. The book identifies areas where there may be disagreement, describing advantages and disadvantages of various approaches. The book also alerts readers to emerging trends or what are perceived by many as preferred approaches. The publication's ten chapters have titles including "Considering the Use of ADR: How and When"; "Selecting Cases Appropriate for ADR"; and "Matching the ADR Process to the Case." Other topics covered are neutral selection and compensation; party consent; client attendance; party participation; confidentiality; referral orders and case management issues.

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

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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:

Managing Class Action Litigation

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Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Managing Class Action Litigation by : Barbara Jacobs Rothstein

Download or read book Managing Class Action Litigation written by Barbara Jacobs Rothstein and published by . This book was released on 2009 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United States Code

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Publisher :
ISBN 13 :
Total Pages : 1506 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

A Guide to the Judicial Management of Bankruptcy Mega-cases

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Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis A Guide to the Judicial Management of Bankruptcy Mega-cases by : Laura B. Bartell

Download or read book A Guide to the Judicial Management of Bankruptcy Mega-cases written by Laura B. Bartell and published by . This book was released on 2009 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Integrity

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Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Court Referral to ADR

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Publisher : Spotlight Poets
ISBN 13 : 9781875527458
Total Pages : 122 pages
Book Rating : 4.5/5 (274 download)

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Book Synopsis Court Referral to ADR by : Kathy Mack

Download or read book Court Referral to ADR written by Kathy Mack and published by Spotlight Poets. This book was released on 2003-01-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: "There is a growing diversity in the structure of court programs, in the types of disputes dealt with and in nature of processes that are used to resolve them... The paper points to the need for courts (and, indeed, other agencies) to develop a framework for referring matters to ADR which takes into consideration the factors and issues identified in this paper. Continuing education of judicial and court officers, and further research into the effectiveness of court ADR programs are additional priorities. The paper is a significant contribution to our thinking about when, how and in what circumstances courts decide that a matter is better dealt with by means other than judicial determination.

Dispute System Design

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Publisher : Stanford University Press
ISBN 13 : 1503611361
Total Pages : 424 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Dispute System Design by : Lisa Blomgren Amsler

Download or read book Dispute System Design written by Lisa Blomgren Amsler and published by Stanford University Press. This book was released on 2020-06-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

A Handbook of Dispute Resolution

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Publisher : Routledge
ISBN 13 : 1134952805
Total Pages : 355 pages
Book Rating : 4.1/5 (349 download)

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Book Synopsis A Handbook of Dispute Resolution by : Karl J Mackie

Download or read book A Handbook of Dispute Resolution written by Karl J Mackie and published by Routledge. This book was released on 2013-01-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.

Informal Justice

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Publisher : SAGE Publications Limited
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Informal Justice by : Roger Matthews

Download or read book Informal Justice written by Roger Matthews and published by SAGE Publications Limited. This book was released on 1988-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.

Michigan Court Rules

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Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mediation

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Publisher : Aspen Publishing
ISBN 13 : 1543847412
Total Pages : 449 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Mediation by : Dwight Golann

Download or read book Mediation written by Dwight Golann and published by Aspen Publishing. This book was released on 2021-09-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. Itincludes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.

International Dispute Resolution

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Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 131 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Manual for Complex Litigation, Fourth

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Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Manual for Complex Litigation, Fourth by :

Download or read book Manual for Complex Litigation, Fourth written by and published by . This book was released on 2004 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Role of Ethics in ADR

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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.

Patent Case Management Judicial Guide

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Publisher :
ISBN 13 :
Total Pages : 656 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Patent Case Management Judicial Guide by :

Download or read book Patent Case Management Judicial Guide written by and published by . This book was released on 2009 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Jackson ADR Handbook

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198867326
Total Pages : 400 pages
Book Rating : 4.8/5 (673 download)

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Book Synopsis The Jackson ADR Handbook by : Susan Blake

Download or read book The Jackson ADR Handbook written by Susan Blake and published by Oxford University Press, USA. This book was released on 2021-08-19 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth overview of ADR before covering in detail the principles, processes, and enforcement options involved. This fully revised third edition integrates a range of important new case law and specifically locates ADR within an increasingly digital landscape.