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Alternative Dispute Resolution

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0011
Subject:
Law, EU Law

This chapter analyses the legislative history, main substantive content, and normative implications of the Commission Green Paper on the Code of Conduct and the proposed Directive all relating to ... More


ADR after the CPR: Have ADR Initiatives Now Assured Mediation an Integral Role in the Civil Justice System in England and Wales?

Susan Prince

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter examines the effectiveness of alternative dispute resolution (ADR) initiatives, particularly mediation initiatives, in non-family civil cases since the introduction of the Civil ... More


Hybrid Dispute Processing in Japan:: Linking Arbitration with Conciliation

Yasunobu Sato

in Legal Discourse across Cultures and Systems

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622098510
eISBN:
9789882207141
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098510.003.0003
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Based on arbitration practices in Japan, this chapter proposes the concept of hybrid dispute processing, which combines some of the basic dispute-processing elements such as conciliation, ... More


The New Regulatory Framework for Consumer Dispute Resolution

Pablo Cortés (ed.)

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.001.0001
Subject:
Law, EU Law

This book examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including ... More


The Implementation of the Consumer ADR Directive in Belgium

Stefaan Voet

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0007
Subject:
Law, EU Law

This chapter analyses the current consumer Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) landscape in Belgium. In 2014, Belgium was one of the first Member States to ... More


Alternative Dispute Resolution, the Threat of Adverse Costs, and the Right of Access to Court

Shirley Shipman

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0018
Subject:
Law, Constitutional and Administrative Law

CPR r 1(4)(2)(e) requires the court to encourage potential litigants to use an alternative dispute resolution (ADR) procedure where appropriate. The court has adopted a number of means to encourage ... More


The Implementation of the Consumer ADR Directive in France

Emmanuel Guinchard

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0008
Subject:
Law, EU Law

Consumer mediation has many advantages—in both absolute and relative terms– and France was certainly not the last country to embrace it. However, the landscape (A) is often seen as specific, in that ... More


Do-It-Yourself Investing in Frontier Markets

Marko Dimitrijević and Timothy Mistele

in Frontier Investor: How to Prosper in the Next Emerging Markets

Published in print:
2016
Published Online:
September 2017
ISBN:
9780231170444
eISBN:
9780231542357
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170444.003.0009
Subject:
Business and Management, Strategy

Discusses do-it-yourself frontier markets equity investing for self-directed investors.


The Implementation of the Consumer ADR Directive in Italy

Carlo Pilia, Pablo Cortés, and Paolo Vargiu

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0011
Subject:
Law, EU Law

This chapter first analyses the state of crisis of the Italian courts and the emergence of Alternative Dispute Resolution (ADR) legislation, in particular the Mediation Act, which regulates mandatory ... More


The Implementation of the Consumer ADR Directive in the Netherlands

Eline Verhage

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0012
Subject:
Law, EU Law

In the Netherlands out-of-court redress for consumer disputes has earned its stripes over the last four decades and it is often referred to as the ‘Dutch approach’. The 2012 Oxford study on Consumer ... More


Challenges for the Implementation of the Consumer ADR Directive in Spain

Fernando Esteban De La Rosa

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0014
Subject:
Law, EU Law

The aim of this chapter is to analyse the challenges that the Spanish legislation will have to overcome in order to adapt to the new European Law on CADR. Spain has a long experience of CADR ... More


Consumers’ Access to Justice and Procedural Rights

Iris Benöhr

in EU Consumer Law and Human Rights

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199651979
eISBN:
9780191747885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651979.003.0007
Subject:
Law, EU Law, Company and Commercial Law

This chapter explores the role of the right of access to justice in consumer law. It argues that, although access to justice has been recognized as a human right, consumers still face barriers to ... More


Arbitration Law and Its Evolution

Michael J. Broyde

in Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190640286
eISBN:
9780190640316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190640286.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on the evolution of arbitration law in the United States. The story begins in the early 1900s with Justice Benjamin Cardozo’s endorsement of what was then the standard ... More


The Implementation of the Consumer ADR Directive and the ODR Regulation in Ireland

G. Brian Hutchinson

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0010
Subject:
Law, EU Law

Ireland has transposed the consumer ADR Directive into national law. Section B of this chapter maps the Irish CADR landscape in the lead up to implementation in further detail, focusing on the ... More


Regulating ADR: Lessons from the UK

Richard Kirkham

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0015
Subject:
Law, EU Law

This chapter analyses the manner in which the ADR Directive and ODR Regulation have been implemented in the UK, with a particular focus on the ombudsman sector. The chapter argues that in the UK ... More


Consumer Redress in the United States

Amy J. Schmitz

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0016
Subject:
Law, EU Law

This chapter provides a snapshot of consumer redress processes in the United States (US), and suggests policy reforms building on advances in the European Union (EU). The US traditionally has been ... More


Consumer Redress: Implementing the Vision

Christopher Hodges

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0017
Subject:
Law, EU Law

The development of consumer ADR (CDR) is still only in its infancy. The EU has taken the bold step of creating a pan-EU network of CDR bodies. This creates coverage of supply, establishes the ... More


A Dispute System Design Perspective on the Future Development of Consumer Dispute Resolution

Jane Williams and Chris Gill

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0018
Subject:
Law, EU Law

This chapter explores the concept of dispute system design in the context of consumer dispute resolution (CDR). While there is a growing literature on dispute system design (DSD) in North America, ... More


Cross-border Consumer Redress after the ADR Directive and the ODR Regulation

Guillermo Palao Moreno

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0019
Subject:
Law, EU Law

For decades, EU institutions have aimed at providing an effective legal framework for consumer disputes in order to facilitate access to justice for consumers and, as a result, to raise their ... More


New Trends for ADR in the European Union

Giuseppe De Palo and Romina Canessa

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0020
Subject:
Law, EU Law

This chapter examines the latest efforts from the European Union and national policy makers requiring disputants to attempt mediation and other Alternative Dispute Resolution (ADR) options before ... More


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