Download or read book Resolving Mass Disputes written by Astrid Stadler and published by Edward Elgar Pub. This book was released on 2013 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Resolving Mass Disputes is a timely, informative, and stimulating book. the contributed chapters analyze the phenomena of interest - mass dispute resolution in court-based systems and their alternatives - in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.' - Stephen B. Burbank, University of Pennsylvania Law School, US

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 Resolving Mass Claims written by and published by . This book was released on 2004 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Claims Resolution Procedures written by Celotex Corporation and published by . This book was released on 1993* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Resolving Mass Disputes Consumer alternative dispute resolution written by Christopher Hodges and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Legal systems worldwide are increasingly grappling with the legal and logistic complexities of collective actions and claims. Although the US-style class action contrasts sharply with the European focus on individual litigation, policy-makers throughout Europe are seeking to reduce judicial budgets, to enhance self-reliance through ADR schemes and to introduce new and efficient forms of redress through collective litigation. Meanwhile, the market for justice is becoming increasingly globalised. Thus, a sense of judicial competition between jurisdictions may accelerate a European movement towards new procedures and paradigms in the realm of collective redress. Against this background, this formidable collection of comparative essays on collective redress and ADR is both timely and unique. This book shows viable pathways to ensuring efficient and balanced collective redress. Excellent contributors and editors have jointly succeeded in connecting ADR and collective redress in ways previously considered disparate.' -- Willem H. van Boom, Erasmus University Rotterdam, The Netherlands. 'Resolving Mass Disputes is a timely, informative, and stimulating book. The contributed chapters analyze the phenomena of interest -- mass dispute resolution in court-based systems and their alternatives -- in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.' -- Stephen B. Burbank, University of Pennsylvania Law School, US. The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach. Taking as a starting-point the observation that mass litigation claims are a 'nuisance' for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend. 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--Résumé de l'éditeur.

Download or read book Claims Resolution Facilities and the Mass Settlement of Mass Torts written by and published by . This book was released on 1990 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Disaggregative Mechanisms written by Jaime Dodge and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For a half-century, scholars have consistently viewed the consolidated litigation of similar claims through joinder, class actions and more recently multi-district litigation as the only mechanism for efficiently resolving mass claims. In this Article, I challenge that long-standing and fundamental conception. The Article seeks to reconceptualize our understanding of mass claims resolution, arguing that we are witnessing the birth of a second, unexplored branch of mass claims resolution mechanisms -- which I term “disaggregative” dispute resolution systems because they lack the traditional aggregation of common questions that has been the hallmark of traditional mass claims litigation. Disaggregation returns to a focus on the individual akin to that of the single-plaintiff system, but uses either procedural or substantive streamlining, or a shift of costs to the defendant, to correct the asymmetries that prompted the creation of class actions. Many of our most innovative claims structures -- from the BP GCCF and the fund created in the wake of the Costa Concordia disaster, to the common single-plaintiff arbitration clauses in consumer and employment agreements -- use this new, bottom-up model of disaggregative mass claims resolution instead of the familiar top-down aggregative model. These next-generation systems have been heralded as a significant advancement in mass claims resolution, capable of awarding more compensation to claimants more quickly and at lower cost than aggregate litigation. But like the single-plaintiff and aggregate litigation systems that preceded it, disaggregation has its flaws. Because the defendant typically designs these systems, they often give rise to questions about legitimacy and the accuracy of compensation. More shockingly, situating disaggregation within the existing doctrinal trends reveals that the rise of disaggregation allows corporations to avoid class actions in a far broader swath of cases than has previously been identified -- such that class actions will, as a practical matter, proceed only at the defendant's election, raising substantial questions about the viability of private actions as a mechanism for the enforcement of law. Yet, because these systems are the product of contract, attempts to restrict these systems have largely failed. The answer to these problems lies in an unlikely and potentially controversial approach: expanding rather than restricting the availability of disaggregation, by creating a public mechanism for disaggregation -- comparable to the existing public aggregation mechanisms.

Download or read book Mass Claims Resolution Facilities written by CPR Institute for Dispute Resolution and published by . This book was released on 2011 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Master Guide to Mass Claims Resolution Facilities addresses issues arising post-settlement of mass claims -- filling a large void in the legal literature in this area of ADR. The book covers all areas of claims resolution facilities, including initial due diligence in estimating claims, costs and assets, extent of delegation to the facility, design of facilities, establishment of claim criteria, notice, procedures, communication and appeals. It also examines decisional law, statutory bases and various examples of facilities, drawing upon the knowledge of specialists in the area. This book was created by CPR's Commission on Facilities for the Resolution of Mass Claims whose members include Chairs, Kenneth R. Feinberg of Feinberg Rozen, LLP and Deborah E. Greenspan of Dickstein Shapiro, LLP, Jordana H. Feldman as the Commission's Reporter, and a group of counsel, academics, neutrals, and other experts on complex claims management."--Publisher's website.

Download or read book Resolution of Mass Tort Claims in the Bankruptcy System written by Douglas G. Smith and published by . This book was released on 2008 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Mass Claims Processes written by Howard M. Holtzmann and published by OUP Oxford. This book was released on 2007-03-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in order to consider legal claims resulting from the significant historic events, Mass Claims Processes have become increasingly important phenomena in international dispute resolution. Processes covered in this book include the Iran-US Claims Tribunal, the UN Compensation Commission (relating to Iraq's invasion of Kuwait) and Mass Claims Processes relating to the Holocaust, the conflicts in Bosnia and Kosovo, and the war between Eritrea and Ethiopia. The book is structured around forty-seven basic topics that typically arise when creating an international Mass Claims Process, offering commentary on the ways in which the various Processes have dealt with each topic.

Download or read book International Mass Claims Processes written by Howard M. Holtzmann and published by . This book was released on 2015 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mass claims processes have become an increasingly important phenomena in international dispute resolution. This work analyzes this significant procedural innovation in international law.

Download or read book International Claims Commissions written by Lea Brilmayer and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.

Download or read book Mass Tort Funds and the Election of Remedies written by Linda S. Mullenix and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century may very well mark both the advent and triumph of fund approaches to resolving mass tort litigation. After more than forty years of attempted class action resolution of mass tort claims -- with often controversial and problematic results -- the use of no-fault alternative compensation systems styled as “funds” may emerge as the most efficacious, if not the most preferred, technique for settling aggregate litigation. The fact that various actors involved in mass tort disasters have converged in support of fund approaches to resolving aggregate claims heralds a new chapter in the resolution of mass tort litigation. The unprecedented attacks on the World Trade Center towers on September 11, 2001 gave rise to the creation and implementation of the equally unprecedented World Trade Center (WTC) Victim Compensation Fund. The WTC Victim Compensation Fund was the first large-scale use of a no-fault, non-litigation fund approach to resolve massive tort claims in the United States, apart from previous class action settlements, such as the “Agent Orange” fund. Less than a decade later, following the explosion of the Deepwater Horizon oil rig in the Gulf of Mexico, the BP oil company, in loose coordination with the government, set up the Gulf Coast Claims Facility (GCCF), patterned after the WTC Victim Compensation Fund. The WTC Victim Compensation Fund and the GCCF have both been widely praised as well as criticized on various grounds, ranging from detailed critiques of implementation criteria to more wide-ranging discussions of fundamental fairness and justice. The purpose of this paper is not to revisit that commentary and those debates, of which assessments undoubtedly will continue to emerge over time as scholars produce more considered analyses of the success and failure of the WTC Victim Compensation Fund and the GCCF. Instead, this article focuses on a narrower, but perhaps more fundamental issue inherent in fund approaches to resolving mass tort claims. Both the WTC Victim Compensation Fund and the GCCF operated alike in requiring potential claimants, at some fixed deadline, to make an election of remedies: either to participate in the Fund and waive the right to litigate in the tort system, or to decline to receive remediation through the Fund and thereby preserve any rights to adjudicate claims in the future. This election of remedies and waiver of the right to sue is, obviously, essential to the success of the fund alternative; the very purpose of the fund resolution of mass tort claims is to avoid the tort litigation system. As will be discussed, close to 97% of eligible WTC claimants agreed to a Fund award and therefore signed a waiver of their right to sue. Similarly, thousands of Gulf Coast claimants who received final awards from the GCCF also waived their rights to sue. Moreover, the very essence of the fund approach to resolving mass tort claims theoretically has been grounded on the voluntary nature of the funds; or, as their advocates urge, no one is forcing anyone to take an award from a fund. This article discusses the election-of-remedies requirement inherent in fund approaches to resolving mass tort claims and takes issue with the argument that the fund resolution of mass tort claims is in no way coercive or involuntary. Instead, this article argues that more consideration ought to be given to whether mass tort claimants -- often under pressure or physical or psychological distress -- have received sufficient neutral, dispassionate information to make an informed judgment concerning whether they should elect to receive compensation from the fund and forgo litigation or other alternative dispute resolution options. The experience of the WTC Victim Compensation Fund and the GCCF present interesting, contrasting examples concerning how potential claimants were situated to make their election of remedies and execute a waiver of their right to sue. As will be discussed, although WTC Victim Compensation Fund claimants seemingly had relatively good information and assistance of counsel available to make an informed decision about their election of remedies, an overwhelming number of claimants instead chose to delay making this decision until the latest possible deadline. Moreover, strong inertial pressures emanating from the Fund's special master, Kenneth Feinberg, in concert with the federal judge (Hon. Alvin Hellerstein) presiding over the WTC litigation, ultimately prodded many WTC claimants into electing their awards from the Fund rather than choosing to litigate. The somewhat controversial role of the WTC Fund special master, his surrogates, and the presiding federal judge in urging claimants to elect Fund relief bears some critical scrutiny. The GCCF election-of-remedies provision and its implementation raise even more compelling concerns about the waiver of the right to sue. Unlike WTC claimants, Gulf Coast claimants did not have counsel readily available to provide assistance in making an informed decision, against a background cacophony of misinformation. The GCCF waiver and release was extraordinarily comprehensive, releasing not only BP from potential liability litigation, but the liability of dozens of other potential defendants, as well. In addition, the GCCF administrator, Ken Feinberg, served as the primary conduit for advice about the election of remedies, obviously urging potential claimants to seek relief from the Fund and to eschew litigation. The GCCF administrator's conflicted status, coupled with his extreme efforts at urging claimants to elect relief from the Fund, finally prompted a judicial rebuke and restraining injunction. Moreover, the potential litigation landscape for Gulf Coast claimants was (and continues to be) much more complicated than after the World Trade Center events; this array of options made it difficult for a layperson to navigate. Finally, the presiding judge over the Gulf Coast MDL litigation has played an entirely different role than the WTC judge in relation to the parallel fund, raising further questions about the intersection of alternative remediation mechanisms. This article concludes that the examples of the WTC Victim Compensation Fund and the GCCF suggest the need for the requirement of intelligent, knowing, and informed consent prior to a claimant's waiving the right to sue and electing relief from a mass tort fund. The concept of informed, intelligent waivers of rights is well established in many areas of law. Victims of mass disasters ought not, under deadline pressure and without adequate counsel, information, or neutral advice, be tacitly coerced into electing a fund award and waiving any future rights to litigation. To this end, this article suggests that when funds are created in the wake of future mass disasters, such fund mechanisms ought to include a requirement that neutral counsel be provided to assist potential claimants in assessing the advisability of electing fund relief. Claimants have a right to complete and transparent information in order to make a reasoned decision whether it is better, in their personal circumstances, to receive a fund award or to retain the option to sue culpable parties. This information would include some estimation of the fund award as compared to a potential litigated judgment, incorporating a meaningful risk assessment of either option. Only after claimants have received adequate information and counsel by which to assess their options should claimants accede to waivers of the right to sue. Although it is not perfect, the WTC Victim Compensation Fund offers an example of pro bono legal assistance in the wake of the WTC events. But, as will be discussed below, both the WTC and the GCCF experiences provide problematic examples of coercive efforts to induce claimants to forgo litigation rights. The experience of the GCCF especially -- in which many claimants had to make decisions without counsel or helpful information -- provides further support for this proposal.

Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

Download or read book The Handbook of Dispute Resolution written by Michael L. Moffitt and published by John Wiley & Sons. This book was released on 2012-06-28 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

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:

Download or read book Getting Disputes Resolved written by William L. Ury and published by Jossey-Bass. This book was released on 1988-11-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers tested guidelines for designing a dispute resolution system that will help handle conflicts effectively on an ongoing basis - and avoid the damaging costs of attorneys fees, lost production, and emotional injury.