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 237 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.
Download or read book The Future of Civil Litigation written by Laura Ervo and published by Springer. This book was released on 2014-07-05 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.
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:
Download or read book Mediation Law written by Penny Brooker and published by Routledge. This book was released on 2013-10-23 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.
Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C.H. Chan and published by Martinus Nijhoff Publishers. This book was released on 2017-09-18 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
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.
Download or read book Court based Divorce Mediation written by Julia Margaret Weingardt and published by . This book was released on 2007 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report to the Legislature on the Impact of Alternative Dispute Resolution on the Massachusetts Trial Court written by Massachusetts. Supreme Judicial Court/Trial Court Standing Committee on Dispute Resolution and published by . This book was released on 1998 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: ...Summarizes the current and pending policies of the Supreme Judicial Court and the Trial Court with respect to alternative dispute resolution (ADR); describes the trial court's current ADR programs and their impact and reports the key findings of studies evaluating court-connected ADR in Massachusetts and elsewhere; appendices include lists of ADR programs in Superior and District Court, summaries of research on the impact of ADR and articles regarding the use of ADR by the legal profession and business...
Download or read book Court Connected Construction Mediation Practice written by Andrew Agapiou and published by Routledge. This book was released on 2016-11-10 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
Download or read book Civil Justice Reform Act of 1990 written by United States. District Court (Pennsylvania : Middle District) and published by . This book was released on 1993 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Mediation Law and Civil Practice written by Tony Allen (Lawyer) and published by . This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Mediation Law and Civil Practice examines the position of mediation within the civil justice system in England and Wales. It explains and challenges current thinking about mediation, identifying ways for the government and judiciary to improve the delivery of justice through greater trust in the process. It traces the evolution of the relationship between the courts and mediation, discussing all the significant judgments relating to mediation over the last 25 years as well as exploring the key concepts at the heart of mediation and all the latest developments. Mediation Law and Civil Practice also challenges the status quo by casting doubt on some decisions and generates alternative thinking around current legal and practice concepts. As well as updating all case law, the second edition also: - discusses the attitudes generated by the Jackson Review and also the Briggs reforms proposed in the Chancery Modernisation Review and his Court Structure Review - discusses AB v CD, in which a mediator has now given evidence in an English court and Global and related cases on varying "whole agreement" clauses - enlarges the discussion of protocols, which have been modified and remain inconsistent in their treatment of ADR - analyses the EU Consumer Directive - sets out the reforms to CPR Part 36 Mediators, mediation providers, lawyers, judges academics and students will all benefit from the expert commentary and in-depth analysis in this book. It is also a useful guide for academics and mediation providers outside of the UK who are seeking to influence the development of mediation in their jurisdictions."--Bloomsbury Publishing.
Download or read book Court Or Mediation written by Cai Feng and published by . This book was released on 1998 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial reform in Latin America written by Maria Dakolias and published by Hoover Press. This book was released on with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essay on the need for a well functioning judiciary system in Latin America.
Download or read book At the Intersection of Public Policy and Private Process written by Molly T. O'Brien and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using Ohio's experience with court-ordered mediation in school finance litigation as a point of departure, this article examines the potential for court-ordered mediation to provide procedural justice in the remedial phase of institutional reform litigation. The article begins by sketching out some of the difficulties that courts encounter when designing a remedy in a school finance case and some of the reasons why, at least in the abstract, a mediation process may assist the parties and the court. Next, the article provides a brief history of the DeRolph v. State, 758 N.E. 2d 1113 (Ohio 2001), placing the abstract remedial concepts against the concrete details of a particular case. It then explores some possible reasons for the failure of the DeRolph mediation and suggests what might have been done to create a better possibility for success. In spite of the failure of the DeRolph mediation, this article suggests that mediation may play a productive role in the future of school finance cases. Court-ordered mediation may permit the re-structuring of the remedial process in a way that addresses minority rights which often are lost or minimized in the traditional legislative process. Further, a participatory mediation process holds promise for achieving remedial results in a school finance case that are both educationally viable and politically sustainable. Mediation may open new avenues for the resolution of litigation at the intersection of private process and public policy. Several lessons may be drawn from the DeRolph litigation. DeRolph teaches that mediation is more likely to play a positive role in the resolution of an important institutional reform case if it is considered as a primary avenue of achieving remedial results rather than as a very last resort. Further, any court considering whether to order the mediation of an important institutional reform case should be attentive to creating a substantive and procedural framework that will support the parties' motivation and effort to devise their own remedy. This article encourages the court to support court-ordered mediation by providing a clear and unequivocal statement of the rights of the parties and remedial principles that apply in the case and by outlining fall-back remedial procedures that will be implemented if resolution is not achieved. The court should also consider the legitimacy benefit that may accrue from the participation of a broad group of interested constituencies and construct a framework that supports the mediator's efforts to identify and include a broad group of stakeholders. This article represents an effort to learn from past failure and to plan for future success in school finance mediation and other public law litigation.
Download or read book Just Speedy and Inexpensive written by James S. Kakalik and published by RAND Corporation. This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Culmination of five-year study of effects of Civil Justice Reform Act of 1990.
Download or read book Alternative Dispute Resolution written by New South Wales. Law Reform Commission and published by . This book was released on 1989 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
