Alternative Dispute Resolution In The Regulatory Process

Author : Deirdre McCarthy Gallagher
Publisher : MSU Press
ISBN 13 : 1628953810
Total Pages : 160 pages
Book Rating : 4.17/5 ( download)

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Download or read book Alternative Dispute Resolution in the Regulatory Process written by Deirdre McCarthy Gallagher and published by MSU Press. This book was released on 2020-06-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.

Author : Felix Steffek
Publisher : A&C Black
ISBN 13 : 1782253580
Total Pages : 447 pages
Book Rating : 4.87/5 ( download)

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Download or read book Regulating Dispute Resolution written by Felix Steffek and published by A&C Black. This book was released on 2014-07-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Marguerite S. Millhauser
Publisher :
ISBN 13 :
Total Pages : 1078 pages
Book Rating : 4.10/5 ( download)

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Download or read book Sourcebook, Federal Agency Use of Alternative Means of Dispute Resolution written by Marguerite S. Millhauser and published by . This book was released on 1987 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : J. Mashamba
Publisher : African Books Collective
ISBN 13 : 998775354X
Total Pages : 226 pages
Book Rating : 4.43/5 ( download)

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Download or read book Alternative Dispute Resolution in Tanzania written by J. Mashamba and published by African Books Collective. This book was released on 2014-09-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

Author : Klaus J. Hopt
Publisher : Oxford University Press
ISBN 13 : 0199653488
Total Pages : 1408 pages
Book Rating : 4.85/5 ( download)

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Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2013 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.

Author : Jeffrey M. Senger
Publisher : Jossey-Bass
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.36/5 ( download)

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Download or read book Federal Dispute Resolution written by Jeffrey M. Senger and published by Jossey-Bass. This book was released on 2004 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Dispute Resolution provides a much-needed guide to using alternative dispute resolution in matters involving the federal government. This helpful resource is appropriate for anyone involved in the ADR process, including those who represent the government and those who have disputes with the government. In a highly accessible format, Federal Dispute Resolution offers valuable information about the benefits of the ADR process and outlines the laws and regulations that govern this burgeoning field. The book includes vital instructions on how to determine which disputes are best suited to ADR and how to select the type of ADR process that is most appropriate for a particular situation. It also includes step-by-step guidance on how to prepare for ADR and offers suggestions on how to advocate effectively in ADR. Received 2004 Best Book Award from the CPR Institute for Dispute Resolution

Author : United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.61/5 ( download)

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Download or read book Administrative Dispute Resolution Act of 1989 written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management and published by . This book was released on 1990 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Marshall J. Breger
Publisher : American Bar Association
ISBN 13 : 9781570738432
Total Pages : 804 pages
Book Rating : 4.32/5 ( download)

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Download or read book Federal Administrative Dispute Resolution Deskbook written by Marshall J. Breger and published by American Bar Association. This book was released on 2001 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Joachim Zekoll
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004281177
Total Pages : 424 pages
Book Rating : 4.72/5 ( download)

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Download or read book Formalisation and Flexibilisation in Dispute Resolution written by Joachim Zekoll and published by Martinus Nijhoff Publishers. This book was released on 2014-09-29 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.

Author : Pablo Cortés
Publisher : Oxford University Press
ISBN 13 : 0198766351
Total Pages : 513 pages
Book Rating : 4.53/5 ( download)

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Download or read book The New Regulatory Framework for Consumer Dispute Resolution written by Pablo Cortés and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.