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Mediation in the USA: Alternative Dispute Resolution between Legalism and Self-Determination

Rainer Kulms

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0025
Subject:
Law, Comparative Law, Private International Law

In the United States, federal and state laws on mediation consist of a complex body of statutes, codes of civil procedure, local rules of court and common law rules of contract. Current practice ... More


In Search of Order: State Systems of Property Rights and Their Failings with Rachel Sweet Vanderpoel 1

Sandra F. Joireman

in Where There is No Government: Enforcing Property Rights in Common Law Africa

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199782482
eISBN:
9780199897209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782482.003.0006
Subject:
Political Science, Political Theory

Accepted wisdom regarding the geography of power in most African countries holds that power radiates outward from the center, with the strength of the state most pronounced in the capital and often ... More


Advancing Social Justice Through ADR and Clinical Legal Education in India, South Africa, and The United States

KAREN TOKARZ and V. NAGARAJ

in The Global Clinical Movement: Educating Lawyers for Social Justice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381146
eISBN:
9780199869305
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381146.003.0017
Subject:
Law, Public International Law

Alternative dispute resolution (ADR) and clinical legal education share overlapping goals of advancing social justice. This chapter examines the impact that the integration of ADR into the clinical ... More


Mediation in New Zealand: Widely Accepted and Successful

Heyo Berg

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0021
Subject:
Law, Comparative Law, Private International Law

In New Zealand, alternative dispute resolution (ADR) is an important integral part of the judicial system. There is no general mediation statute, but mediation provisions have been incorporated into ... More


Dispute Management and Resolution

Margaret Ross

in Oil and Gas Law: Current Practice & Emerging Trends

Published in print:
2010
Published Online:
May 2015
ISBN:
9781845861018
eISBN:
9781474406239
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861018.003.0018
Subject:
Law, Constitutional and Administrative Law

This chapter notes that the nature and culture of the oil and gas industry have produced particular solutions in relation to dispute management and resolution. For example, the fact that delays are ... More


Examining the Existing Legal Regime

Alessandro Chechi

in The Settlement of International Cultural Heritage Disputes

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703990
eISBN:
9780191773228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703990.003.0003
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter consists of three parts. The first part examines the national and international norms that may apply to the adjudication of cultural heritage disputes. It shows how the international law ... More


Mediation in Germany: The German Mediation Act—Alternative Dispute Resolution at the Crossroads

Peter Tochtermann

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0008
Subject:
Law, Comparative Law, Private International Law

Until now mediation has led a quite shadowy existence in Germany and has not yet become a significant part of the legal landscape. This might change in the near future, as the German legislature has ... More


Alternative Dispute Resolution

Bruce Mitchell

in Resource and Environmental Management: Third Edition

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190885816
eISBN:
9780190885847
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190885816.003.0007
Subject:
Biology, Biodiversity / Conservation Biology, Plant Sciences and Forestry

Conflicts often emerge during resource and environmental management, but can be positive as well as negative. Positive aspects occur when conflict helps to identify ineffective processes, highlights ... More


Mediation in Ireland: Growing Importance of ADR Driven by Budgetary Restraints and Docket Congestion—A Cheap and Easy Way Out?

Reinhard Ellger

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0011
Subject:
Law, Comparative Law, Private International Law

Apart from the fields of collective bargaining and family law, mediation as a means of alternative dispute resolution is a relatively recent feature in the Irish legal system. However, in the last ... More


Changing the Decision Makers: From Litigation to Arbitration

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0003
Subject:
Political Science, American Politics

This chapter examines the development, professionalization, and proliferation of alternative dispute resolution (ADR) practices that have frequently empowered nonjudicial actors to resolve legal ... More


Property Rights Enforcement by Other Means: The Role of Nongovernmental Organizations

Sandra F. Joireman

in Where There is No Government: Enforcing Property Rights in Common Law Africa

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199782482
eISBN:
9780199897209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782482.003.0004
Subject:
Political Science, Political Theory

It has long been accepted that nongovernmental organizations have taken over the role of the government in spheres of health and education in Africa. Using field research from Uganda, this chapter ... More


Plurality and Coordination of Dispute Settlement Methods in the Field of Cultural Heritage

Alessandro Chechi

in Enforcing International Cultural Heritage Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680245
eISBN:
9780191760174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680245.003.0009
Subject:
Law, Public International Law

This chapter discusses the resolution of disputes involving cultural assets. It first describes the main features of the existing legal framework. It then considers the available means of dispute ... More


The Administration of Justice

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0004
Subject:
Law, Comparative Law

This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court system, lay ... More


Dispute Resolution Methods

R.U.S. Prasad

in Resolving Disputes in Telecommunications: Global Practices and Challenges

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066453
eISBN:
9780199081271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066453.003.0003
Subject:
Law, Competition Law

This chapter is primarily concerned with the different dispute resolution methods that are currently being used. The new practices that are being used to improve these methods are also studied in ... More


Civil Procedure and EU Law: A Policy Area Uncovered

Eva Storskrubb

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.001.0001
Subject:
Law, EU Law

The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border ... More


The forms and limits of democratic adjudication 1

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0007
Subject:
Law, Philosophy of Law

Building on the analysis in Chapter 5, this chapter addresses, from the perspective of a dispute-resolution account of law, four categories of current issues involving the structure and role of ... More


Cultural Conflict and Conflict Resolution

Ngoh Tiong Tan

in Handbook of International Social Work: Human Rights, Development, and the Global Profession

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195333619
eISBN:
9780199918195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333619.003.0018
Subject:
Social Work, Communities and Organizations

This chapter focuses on culture, conflict, and conflict resolution. Social work actively engages culture in micro, meso, and macro settings. Social workers, especially those on the international ... More


Mediation in Italy: Alternative Dispute Resolution for All

Giuseppe De Palo and Lauren Keller

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0012
Subject:
Law, Comparative Law, Private International Law

The number of mediations in Italy is rising exponentially following the enactment of the new Mediation Law (Legislative Decree 28/2010). In implementing the 2008 European Directive on cross-border ... More


Introduction

Pablo Cortés

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/9780198766353.003.0001
Subject:
Law, EU Law

This introductory chapter notes that for the vast majority of consumer disputes, especially for those of low value, the courts currently do not offer a suitable dispute resolution forum. The chapter ... More


Civil Justice Reform: Access, Cost, and Delay. The French Perspective

Loïc Cadiet

in Civil Justice in Crisis: Comparative Perspectives of Civil Procedure

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298335
eISBN:
9780191685415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298335.003.0009
Subject:
Law, Legal Profession and Ethics

For many years, French justice, like all other systems, has faced the dramatic consequences of the exploding volume of litigation. The long delays and high costs which this explosion causes are, to a ... More


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