Full Description
The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach.
Taking as a starting-point the observation that mass litigation claims are a 'nuisance' for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend.
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Contents
Contents:
1. Introduction
Christopher Hodges and Astrid Stadler
2. CADR and Settlement of Claims - A Few Economic Observations
Michael Faure
PART I: SETTLEMENTS OF MASS CLAIMS
3. Enforcing Mass Settlements in the European Judicial Area: EU Policy and the Strange Case of Dutch Collective Settlements (WCAM)
Xandra E. Kramer
4. Collective Settlements in the Netherlands: Some Empirical Observations
Ianika Tzankova and Deborah Hensler
5. Settlement and its Pitfalls in England and Wales
Christopher Hodges
6. Class Actions and Settlement Culture in Canada
Jasminka Kalajdzic
7. America's Dynamic and Extensive Experience with Collective Litigation
Richard Marcus
8. Mass Settlements in Australia
Michael Legg
9. The Legislation and Judicial Practice of China's Group Action
Zhang Wusheng and Liao Haiqing
PART II: CONSUMER ALTERNATIVE DISPUTE RESOLUTION
10. The Origins and Evolution of Consumer Dispute Resolution Systems in Europe
Naomi Creutzfeldt
11. Out-of-Court Settlement of Consumer Disputes in Financial Services
Iris Benöhr
12. Public Enforcement and A(O)DR as Mechanisms for Resolving Mass Problems: A Belgian Perspective
Stefaan Voet
13. Online Dispute Resolution in the EU and Beyond - Keeping Costs Low or Standards High?
Julia Hörnle
Index
