Full Description
This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years.
Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research.
With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.
Contents
1. Introduction Section I 2: The Problem of Method in the Study of Transnational Dispute Resolution 3: Modes of Dispute Resolution: Exploring Issues in the Range 4: Advancing Research and Practice in the Governance of Dispute Resolution Institutions through Inclusive Devolved Reflection Section II 5: Comparative Judicial Conflict Resolution (JCR): Between Summary Trials and ADR 6: The Challenges of Developing Global Ethical Standards for Mediation Practice Section III 7: International Comparative Mediation Law: Hong Kong and Singapore in Perspective 8: Environmental Mediation and Facilitation in Italy: Theoretical Insights and Practical Experience on Non-Adjudicative Mechanisms and "Total Conflicts" 9: Comparative Analysis of the Singapore Convention in Light of the New York and Hague Choice of Court Conventions Section IV 10: Flexibility and Authority: Keys for Informal Justice to Succeed 11: Wearing Two Hats: Problems of "In-Trial" Mediation in China 12: Thinking about Consumer Mediation in China: Some Examples from Shenzhen
