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Regulating Dispute Resolution - ADR and Access to Justice at the Crossroads (Hardcover, New)
Loot Price: R3,330
Discovery Miles 33 300
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Regulating Dispute Resolution - ADR and Access to Justice at the Crossroads (Hardcover, New)
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This book proposes a principled approach to the regulation of
dispute resolution. It covers dispute resolution mechanisms in all
their varieties, including negotiation, mediation, conciliation,
expert opinion, mini-trial, ombud procedures, arbitration and court
adjudication. The authors present a transnational Guide for
Regulating Dispute Resolution (GRDR). The regulatory principles
contained in this Guide are based on a functional taxonomy of
dispute resolution mechanisms, an open normative framework and a
modular structure of regulatory topics. The Guide for Regulating
Dispute Resolution is formulated and commented upon in a concise
manner to assist legislators, policy-makers, professional
associations, practitioners and academics in thinking about which
solutions best suit local and regional circumstances. The aim of
this book is to contribute to the understanding and development of
the legal framework governing national and international dispute
resolution. Theory, empirical research and regulatory models have
been taken from the wealth of experience in 12 jurisdictions:
Austria, Belgium, Denmark, England and Wales, France, Germany,
Italy, Japan, the Netherlands, Norway, Switzerland and the United
States of America. Experts with a background in academia, practice
and law-making describe and analyse the regulatory framework and
social reality of dispute resolution in these countries. On this
basis the authors draw conclusions about policy choices, regulatory
strategies and the practice of conflict resolution.
General
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