Alternative Adjudication
Alternative Adjudication

Author: Robert J. MacCoun

Publisher:

Published: 1988

Total Pages: 134

ISBN-13: 9780833009258

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In 1985, New Jersey implemented a statewide program of mandatory court-administered arbitration of automobile injury lawsuits. In order to evaluate the program, the Institute for Civil Justice (ICJ) examined court records for a random sample of more than 1,000 auto negligence cases filed in either 1983 (pre-arbitration) or 1985 (post-arbitration), and surveyed approximately 300 litigants and 400 attorneys. No significant changes in trial rates or litigation costs were found. However, the program has had some unanticipated effects. Cases that are assigned to the program are significantly less likely to settle privately without a third-party hearing and, on average, take significantly longer to terminate than in the pre-arbitration period. Both litigants and attorneys evaluate arbitration hearings quite favorably. It appears that the program is providing disputants greater access to third-party hearings, but not greater efficiency.

Adjudication and Its Alternatives
Adjudication and Its Alternatives

Author: Owen M. Fiss

Publisher: Foundation Press

Published: 2003

Total Pages: 1290

ISBN-13:

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The casebook provides detailed information on procedure. It includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Alternative Dispute Resolution in the Construction Industry
Alternative Dispute Resolution in the Construction Industry

Author: Andrew Agapiou

Publisher: Ethics International Press

Published: 2023-11-25

Total Pages: 264

ISBN-13: 180441087X

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Construction disputes by their very nature are often complex, sometimes multi-party disputes, many of which are not suited to either adjudication or traditional form of litigation (which are often slow, expensive and divisive). The sheer complexity of construction creates a compelling case for the introduction of alternative approaches within this adversarial industry. This book traces the history, development, current status and future direction of Alternative Dispute Resolution (ADR) in the UK construction industry. It draws on the largest collection of Royal Institution of Chartered Surveyors-funded surveys on Scottish and English disputants’ perceptions and attitudes to ADR. It includes an examination of the key legislative and regulatory principles relating to ADR in the Construction sphere. The study also evaluates the role and functions of the Technology and Construction Court (TCC) in England and, with reference to case law, identifies its facilitative approach to ADR. The coherence of the TCC’s approach to issues such as refusal to resort to ADR is also examined. It will be a valuable reference work for scholars and practitioners in construction and the built environment, in the UK and internationally.

A Guide to Federal Agency Adjudication
A Guide to Federal Agency Adjudication

Author: Michael Asimow

Publisher: American Bar Association

Published: 2003

Total Pages: 266

ISBN-13: 9781590311288

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Flash MX developers who need instant on-the job reminders about the ActionScript language should find O'Reilly's new ActionScript for Flash MX Pocket Reference useful. This concise reference is the portable companion to the Flash coder's essential resource, ActionScript for Flash MX: The Definitive Guide by Colin Moock.

Mediation and other forms of Alternative Dispute Resolution
Mediation and other forms of Alternative Dispute Resolution

Author: Michael Bartlet

Publisher: Taylor & Francis

Published: 2024-12-03

Total Pages: 315

ISBN-13: 1040226361

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Covering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application. Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation. Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.