Download or read book A Study on Alternative Dispute Resolution and Cross border Complaints in Europe written by and published by Nordic Council of Ministers. This book was released on 2002 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4. THE NORDIC ADR SYSTEMS
Download or read book The Citizen in European Private Law written by Caroline Cauffman and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.
Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Download or read book Mediation and Commercial Contract Law written by Maryam Salehijam and published by Routledge. This book was released on 2020-12-10 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.
Download or read book Insurance Distribution Directive written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--
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.
Download or read book Cross border Internet Dispute Resolution written by Julia Hörnle and published by Cambridge University Press. This book was released on 2009-02-12 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.
Download or read book Online Courts and the Future of Justice written by Richard Susskind and published by Oxford University Press, USA. This book was released on 2021-07 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.
Download or read book EU Mediation Law and Practice written by Giuseppe De Palo and published by OUP Oxford. This book was released on 2012-10-04 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.
Download or read book Digital Justice written by Ethan Katsh and published by Oxford University Press. This book was released on 2017-03-09 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Download or read book Online Arbitration in Theory and in Practice written by Ihab Abdel Salam and published by Cambridge Scholars Publishing. This book was released on 2021-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing firstâ "hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates eâ "commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 â ~The CISGâ (TM) applies to eâ "commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their crossâ "border commercial disputes through online arbitration.
Download or read book ADR in Business written by Jean-Claude Goldsmith and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Download or read book The New Regulatory Framework for Consumer Dispute Resolution written by Pablo Cortés and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.
Download or read book Resolving Mass Disputes written by Christopher Hodges and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
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.
Download or read book A History of Alternative Dispute Resolution written by Jerome T. Barrett and published by John Wiley & Sons. This book was released on 2004-10-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Download or read book Consumer ADR in Europe written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2012-05-10 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.
