About the Book
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.
This title is included in Bloomsbury Professional's International Arbitration online service.
Table of Contents:
Part 1: Fundamental Issues
1 Guide for Regulating Dispute Resolution (GRDR): Principles
Felix Steffek and Hannes Unberath (coordinators), Lin Adrian, Aldo De Matteis, Giuseppe De Palo, Frédérique Ferrand, Reinhard Greger, Jana Härtling, Ulrike Janzen, Shusuke Kakiuchi, Lars Kirchhoff , Peter G Mayr, Isaak Meier, Kristin Nemeth, Machteld Pel, Anneken K Sperr and Ivan Verougstraete
2 Guide for Regulating Dispute Resolution (GRDR): Principles and Comments
Felix Steff ek and Hannes Unberath (coordinators), Lin Adrian, Aldo De Matteis, Giuseppe De Palo, Frédérique Ferrand, Reinhard Greger, Jana Härtling, Ulrike Janzen, Shusuke Kakiuchi, Lars Kirchhoff , Peter G Mayr, Isaak Meier, Kristin Nemeth, Machteld Pel, Anneken K Sperr and Ivan Verougstraete
3 Principled Regulation of Dispute Resolution: Taxonomy, Policy, Topics
Felix Steffek
Part 2: Regulation of Dispute Resolution
4 Regulation of Dispute Resolution in Austria: A Traditional Litigation Culture Slowly Embraces ADR
Peter G Mayr and Kristin Nemeth
5 Regulation of Dispute Resolution in Belgium: Workable Solutions?
Ivan Verougstraete
6 Regulation of Dispute Resolution in Denmark: Mediation, Arbitration, Boards and Tribunals
Lin Adrian
7 Regulation of Dispute Resolution in England and Wales: A Sceptical Analysis of Government and Judicial Promotion of Private Mediation
Hazel Genn, Shiva Riahi and Katherine Pleming
8 Regulation of Dispute Resolution in France: Evolutions and Challenges
Frédérique Ferrand
9 Regulation of Dispute Resolution in Germany: Cautious Steps towards the Construction of an ADR System
Burkhard Hess and Nils Pelzer
10 Regulation of Dispute Resolution in Italy: The Bumps in the Road to Successful ADR
Giuseppe De Palo and Ashley E Oleson
11 Regulation of Dispute Resolution in Japan: Alternative Dispute Resolution and its Background
Shusuke Kakiuchi
12 Regulation of Dispute Resolution in the Netherlands: Does Regulation Support or Hinder the Use of ADR?
Machteld Pel
13 Regulation of Dispute Resolution in Norway: Vertical and Horizontal Regulatory Strategies
Anneken Kari Sperr
14 Regulation of Dispute Resolution in Switzerland: Mediation, Conciliation and Other Forms of ADR in Switzerland
Isaak Meier in cooperation with Miguel Sogo, Sotirios Kotronis, Sarah Scheiwiller, David Siegwart, Claudia Wyss, Dheden Zotsang and Carlo Hamburger
15 Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the 'Semi-formal'
Carrie Menkel-Meadow
About the Author :
Felix Steffek, Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg.
Hannes Unberath, Professor of Law at the University of Bayreuth (deceased).
Hazel Genn DBE, KC (Hon), Dean of Laws, University College London.
Reinhard Greger, Professor of Law at the University of Erlangen-Nürnberg.
Carrie Menkel-Meadow, Professor of Law at UC Irvine School of Law and Professor of Dispute Resolution and Civil Procedure at Georgetown University Law School.
Review :
A valuable tool for a common approach in dispute resolution policies within the EU. A useful guide on CDR systems in various non-EU countries.
When it comes to dispute resolution one of the major issues at hand is the handling of transnational disputes and the author provides a guide for regulation in this area. The extensive research conducted by the author is evident as he incorporates a wealth of Dispute resolution knowledge from about 12 jurisdictions…The publication as a whole can be described as an extremely handy one and would merit close and thoughtful reading by any audience in the field of dispute resolution.
This special approach to the field of dispute resolution, tackled by renowned experts with a background in academia, practice and legislating will certainly make this work a reference book on ADR in the coming years.
Although many readers might assume that the book will be relevant only for those with an interest or practice in international dispute resolution, American practitioners and policy makers can just as easily use the book’s comparative approach to compare and contrast domestic dispute resolution systems and regulation. There are tremendous differences in the use and regulation of ADR from state to state within the United States and even from county to county within a single state. A comparative analysis, like the one undertaken in this book, permits practitioners and policy makers to decide whether such variation is most beneficial to the parties using dispute resolution — or whether some degree of harmonization might be in order…a useful, comprehensive, and thought-provoking book.
The analysis and discussion of the principles and functions of ADR will be of great interest and even benefit to all those concerned about its future development whether in government, the judiciary or any of the multitude of service providers as well as any practising mediator (or other ADR practitioner) who cares about the future of his or her profession.
...the authors accomplish a commendable feat by effectively capturing and transposing the essence of every dispute resolution mechanism through the perspective of a functional taxonomy, while leaving an open normative framework that allows for regional and local adaptations, all of which is presented in a modular, highly flexible structure of regulatory topics…this book offers a wealth of information and ideas useful not only for legislators in their quest of delivering justice through the regulation of the legal system, but also for all policy-makers, professional associations, practitioners and academics in thinking about the best ways to contribute to this noble goal.
Overall, the book is very ambitious and distinctive in its offering of a taxonomy to inform principled regulation across jurisdictions. It has successfully provided a refreshingly new lens to view the very important issues of regulating dispute resolution that have a substantive impact.
