Hannes Unberath

Hazel Genn

Felix Steffek

Carrie Menkel-Meadow

Reinhard Greger

This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution.

ADR and Access to Justice at the Crossroads

Regulating Dispute Resolution

Basil Markesinis

Since its first appearance in 1986 this book has won uniform praise from many of the world's leading comparatists, has been acclaimed by senior judges, and has been cited by the courts of many countries. This new edition of the work, substantially rewritten and systematically updated, contains over 150 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten and enlarged now also makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort reform. Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilization cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death.

A Comparative Treatise

The German Law of Torts

Hannes Unberath

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