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Book
Dispute system design : preventing, managing, and resolving conflict
Authors: --- ---
ISBN: 1503611361 Year: 2020 Publisher: Stanford, California : Stanford University Press,

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Abstract

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.


Book
Les modes alternatifs de règlement des litiges entre les autorités administratives et les personnes privées: recommandation Rec(2001)9 adoptée par le Comité des ministres du Conseil de l'Europe le 5 septembre 2001 et exposé des motifs
Author:
ISBN: 9287148082 9789287148087 Year: 2002 Publisher: Strasbourg


Book
Making dispute resolution more effective - MAP peer review report, France (stage 1) : inclusive framework on BEPS : action 14
Author:
ISBN: 9264285776 9264285768 9789264285774 Year: 2017 Publisher: Paris : OECD Publishing,

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Abstract

Under Action 14, jurisdictions have committed to implement a minimum standard to strengthen the effectiveness and efficiency of the mutual agreement procedure (MAP). The MAP is included in Article 25 of the OECD Model Tax Convention and commits countries to endeavour to resolve disputes related to the interpretation and application of tax treaties. The Action 14 Minimum Standard has been translated into specific terms of reference and a methodology for the peer review and monitoring process. The peer review process is conducted in two stages. Stage 1 assesses jurisdictions against the terms of reference of the minimum standard according to an agreed schedule of review. Stage 2 focuses on monitoring the follow-up of any recommendations resulting from jurisdictions' stage 1 peer review report. This report reflects the outcome of the stage 1 peer review of the implementation of the Action 14 Minimum Standard by France.


Book
Mediation and its applications for good decision making and dispute resolution
Author:
ISBN: 1780687567 1780684088 Year: 2016 Publisher: Cambridge : Intersentia,

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In this book, the author argues that mediation is one of the basic human building blocks of a process that allows us to truly hear from each other in the hope that we can resolve our conflicts, explore our differences, as well as complementarities, find mutual understanding, and achieve better outcomes and solutions to legal, social and political problems. Such an effort to "reorient the parties to a dispute to each other," and to facilitate the solving of problems and, in the best of all worlds, the making of peace, requires an interdisciplinary orientation in which human knowledge and understandings drawn from a variety of constituent fields - older ones like history, law, psychology, sociology, economics, political science and international relations, and newer ones, including decision sciences, game theory and urban planning.


Book
Mediation : principles and regulation in comparative perspective
Authors: ---
ISBN: 0191669342 0191758272 0191669350 Year: 2013 Publisher: Oxford : Oxford University Press,

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Abstract

Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers a comprehensive comparative analysis of mediation, introducing the law and practical experience in 22 jurisdictions.


Book
Making dispute resolution more effective : MAP peer review report.
Author:
ISBN: 9264733523 9264865810 Publisher: OECD Publishing

Alternative dispute resolution in civil justice systems
Author:
ISBN: 1593320167 9781593320164 1931202362 9781931202367 Year: 2002 Publisher: New York LFB Scholarly Pub.


Book
Formalisation and flexibilisation in dispute resolution
Authors: --- ---
ISBN: 9004281177 9789004281172 9789004281165 9004281169 1322200327 Year: 2014 Publisher: Leiden Boston

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Abstract

Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.


Book
COFOLA International 2015 : current challenges to resolution of international (cross-border) disputes, conference proceedings
Authors: ---
ISBN: 8021086815 9788021086814 8021080205 Year: 2015 Publisher: Brno : Masaryk University,

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Abstract

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries. COFOLA INTERNATIONAL contributes to the development of international cooperation between students and young scientists from different countries.


Book
Cofola International 2016
Authors: ---
ISBN: 8021086823 9788021086821 9788021083561 8021083565 Year: 2016 Publisher: Brno

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Abstract

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

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