Evolution in dispute resolution : from adjudication to ADR? / Michiel Duchateau [and 3 others] (eds.).

Format:

Book

Contributor:

Duchateau, Michiel, editor.

Netherlands Institute for Law and Governance, issuing body.

Rijksuniversiteit te Groningen, host institution.

Series:

Governance & recht ; 13.

NILG governance & recht ; 13

Language:

English

Subjects (All):

Dispute resolution (Law).

Arbitration and award.

Physical Description:

1 online resource (113 p.)

Edition:

1st ed.

Place of Publication:

Utrecht : Eleven International Publishing, [2016]

Language Note:

English

Summary:

The governance of dispute settlement is evolving in order to cope with a changing world, taking on many forms in many contexts.There is no general model for 'the' best way of settling disputes.

Contents:

Cover; Title page; PREFACE; TABLE OF CONTENTS; INTRODUCTION; Chapter 1 Sculpturing Adjudication as a Public Good: Competition between Jurisdictions as a Modeling Factor; 1.1 Introduction; 1.2 Goods and Public Goods; 1.3 Court Adjudication and Its Nature; 1.3.1 Court Adjudication: Definition and Elements; 1.3.2 Position of Court Adjudication among Other Conflict Resolution Mechanisms: A Privileged Position; 1.3.3 Conflicts, from Private Good to Public Goods and Adjudication Provided by Private Parties; 1.4 Competition for Adjudications in the EU; 1.4.1 Competing Countries

1.4.2 Aspects of Competition and the Influence to the Nature of Adjudication1.5 Conclusion; Chapter 2 The (Emerging) Needs for ADR in Retail Payment Systems: Mediation; 2.1 Introduction; 2.1.1 Purpose and Previous Studies; 2.2 Retail Payment Systems and Disputes in Retail Payment Systems; 2.2.1 Retail Payment Systems: Characteristics and Development; 2.2.2 Disputes in Retail Payment Systems; 2.3 ADR and Mediation as ADR; 2.3.1 Scope and Definition of ADR; 2.3.2 ADR Roles in a Modern Civil Justice System; 2.3.3 Mediation as ADR: Definition and Advantages; 2.3.4 Mediation Processes

2.3.5 Limitations of Mediation2.4 The Use of Mediation as ADR to Resolve Disputes in Retail Payment Systems; 2.4.1 The Disadvantages of Conventional Adjudicative Process Compared to Mediation; 2.4.2 The Benefits of Mediation Compared to Other Types of ADR in Resolving Payment Systems Disputes; 2.4.2.1 How Mediation Is Most Suitable to Serve the Specific Interests of Both Disputing Parties; 2.4.2.2 How Mediation Is Most Suitable to Ensure That Justice Is Accessible, Efficient, and Effective for the Parties Involved; 2.4.3 Challenges; 2.5 Conclusions; 2.6 Further Research

Chapter 3 From Dispute Settlement to Judicial Review? The Deference Debate in International Investment Law3.1 Introduction; 3.2 The Concept of Deference in Domestic Adjudication; 3.3 Arguments in Favour of Deference in Investor-State Arbitration; 3.4 Arguments against Deference in Investor-State Arbitration; 3.5 The Function of Investor-State Arbitration: Private Law Dispute Settlement or Public Law Judicial Review?; 3.6 Concluding Remarks; Chapter 4 People's Mediation in China: A Supplement to Litigation; 4.1 Introduction; 4.2 The Increased Position of Private Actors in People's Mediation

4.2.1 Introduction4.2.2 Private Actors in People's Mediation; 4.2.2.1 Mediators; 4.2.2.2 Other Individuals; 4.2.2.3 Specialized Mediation Organizations; 4.2.3 The Network of Big Mediation; 4.2.4 Summary; 4.3 The Legitimacy of People's Mediation; 4.3.1 Social Harmony - Cultural and Political Root of People's Mediation; 4.3.2 Social Changes - The Desire for Establishing Diversified Mechanisms of Dispute Resolution; 4.3.3 Party Autonomy - The Initiate of the Mediation Procedure; 4.4 People's Mediation Is a Supplementary to Litigation; 4.4.1 Two Coexisting Systems

4.4.2 Filling the Gaps Left by Litigation

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

94-6274-449-1

OCLC:

940438527