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Delivering Dispute Resolution: A Holistic Review of Models in England and Wales


ISBN13: 9781509916894
Published: October 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms.

Examining dispute resolution pathways from users’ perspectives, the book highlights options such as ombudsmen, regulators and courts as well as mediation and other ADR approaches. It maps numerous various sectoral developments to see if learning might be spread to other sectors.

Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; and identifying effective ways for achieving behavioural change.

This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the nation’s legal system.

Subjects:
Courts and Procedure
Contents:
1. Introduction
PART A - SETTING THE SCENE:
2. Affecting Behaviour
3. People's Problems: Incidence, Types, Pathways and Objectives
4. Courts
5. The Courts: A Story of Costs and Funding Problems
6. ADR
7. Digitisation of the Courts
8. Helping People with Problems
PART B - TYPES OF DISPUTES:
9. Consumer-Trader Disputes
10. Personal Injuries
11. Family Disputes
12. Property
13. Complaints Against the State
14. Small Business Disputes
15. Employment Disputes
PART C - CONCLUSIONS:
16. Reviewing the Pathways
17. Recommendations
18. A New Design for Dispute Resolution Architecture

Series: Civil Justice Systems

Regulatory Delivery ISBN 9781509918584
Published October 2019
Hart Publishing
£85.00
Regulatory Delivery (eBook) ISBN 9781509918607
Published October 2019
Hart Publishing
£67.50
(ePub)
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£81.00
(ePub)
Buy
£54.00
(ePub)
Buy
Delivering Collective Redress: New Technologies ISBN 9781509918546
Published May 2018
Hart Publishing
£70.00
Redress Schemes for Personal Injuries ISBN 9781509916610
Published November 2017
Hart Publishing
£93.00
Redress Schemes for Personal Injuries (eBook) ISBN 9781509916634
Published November 2017
Hart Publishing
£76.50
(ePub)
Buy
Consumer ADR in Europe (eBook) ISBN 9781847319425
Published May 2012
Hart Publishing
£81.00
(ePub)
Buy
Consumer ADR in Europe ISBN 9781849463485
Published May 2012
Hart Publishing
£95.00
£110.00