Delivering Dispute Resolution

A Holistic Review of Models in England and Wales
Erscheinungsjahr 2019
ISBN: 978-1-5099-1689-4
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 648 Seiten, Hardback, Format (B × H): 170 mm x 244 mm, Gewicht: 1215 g

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, property, 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, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous 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; the need to focus accessibility arrangements for people and businesses that need help with their problems; 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 jurisdiction.

This title is included in Bloomsbury Professional's International Arbitration online service.

Autoren/Hrsg.

Hodges, Christopher

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction
PART A
SETTING THE SCENE
2. Affecting Behaviour

3. People's Problems: Incidence, Types, Pathways and Objectives

4. Courts

5. Th e 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

Über Autor(innen)

Hodges, Christopher
Christopher Hodges OBE is Emeritus Professor of Justice Systems at the Centre for Socio-Legal Studies, Oxford, UK; Supernumerary Fellow of Wolfson College, University of Oxford, UK; and Chair of the Regulatory Horizons Council, UK.

Photo courtesy of Faculty of Law, University of Oxford.

Christopher Hodges is Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re/CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.