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.
Table of Contents
1. Introduction, Shahla ALI Section I 2: The Problem of Method in the Study of Transnational Dispute Resolution, Matthew S. ERIE 3: Modes of Dispute Resolution: Exploring Issues in the Range, Michael PALMER 4: Advancing Research and Practice in the Governance of Dispute Resolution Institutions through Inclusive Devolved Reflection, Shahla ALI Section II 5: Comparative Judicial Conflict Resolution (JCR): Between Summary Trials and ADR, Michal ALBERSTEIN 6: The Challenges of Developing Global Ethical Standards for Mediation Practice, Lola Akin OJELABI Section III 7: International Comparative Mediation Law: Hong Kong and Singapore in Perspective, Nadja ALEXANDER 8: Environmental Mediation and Facilitation in Italy: Theoretical Insights and Practical Experience on Non-Adjudicative Mechanisms and "Total Conflicts" Luiji COMINELLI, Eleonora CISCATO, Stefania LATTUILLE 9: Comparative Analysis of the Singapore Convention in Light of the New York and Hague Choice of Court Conventions, Xianto WEN (with an introduction by Susan FINDER) Section IV 10: Flexibility and Authority: Keys for Informal Justice to Succeed, Xin HE, Yang SU 11: Wearing Two Hats: Problems of "In-Trial" Mediation in China, Kwai Hang NG 12: Thinking about Consumer Mediation in China: Some Examples from Shenzhen, Ling ZHOU
