Description
Book SynopsisIn Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.
Table of ContentsINTRODUCTION THE CHANGING FACE OF DISPUTE RESOLUTION JOACHIM ZEKOLL, MORITZ BÄLZ & IWO AMELUNG PART I: The Theme in General CHAPTER 1: FORMALISATION OF ALTERNATIVE DISPUTE RESOLUTION PROCESSES: SOME SOCIO-LEGAL THOUGHTS MICHAEL J.E. PALMER CHAPTER 2: THE PRIVATE IN PUBLIC, THE PUBLIC IN PRIVATE: THE BLURRING BOUNDARY BETWEEN PUBLIC AND PRIVATE DISPUTE RESOLUTION DEBORAH R. HENSLER CHAPTER 3: CHINA’S DISPUTE-RESOLUTION MECHANISMS AND INNOVATION IN THE TRANSFORMATION ERA YUJUN FENG AND XIAOLONG PENG CHAPTER 4: MEDIATION AND THE RULE OF LAW: THE CHINESE LANDSCAPE HUALING FU CHAPTER 5: NO ALTERNATIVE: RESOLVING DISPUTES JAPANESE STYLE ERIC A. FELDMAN PART II: Formalisation and Flexibilisation – Historical Perspectives CHAPTER 6: JUDICIAL DISPUTE RESOLUTION AND ITS MANY ALTERNATIVES: THE NORDIC EXPERIENCE PIA LETTO-VANAMO CHAPTER 7: “EXPLAINING” AND “MEDIATING” IS MORE IMPORTANT THAN PENALTIES: A COMPREHENSIVE EXPLANATION OF THE RESOLUTION OF MINOR CASES AT COUNTY LEVEL IN LATE-IMPERIAL CHINA (1368-1911) JIANG YU PART III: Specific Applications and Normative Considerations CHAPTER 8: THE DIVERSIFICATION AND FORMALISATION OF ADR IN JAPAN: THE EFFECT OF ENACTING THE ACT ON THE PROMOTION OF THE USE OF ALTERNATIVE DISPUTE RESOLUTION KOTA FUKUI CHAPTER 9: IN/FORMALISATION AND GLOCALISATION OF INTERNATIONAL COMMERCIAL ARBITRATION AND INVESTMENT TREATY ARBITRATION IN ASIA LUKE NOTTAGE CHAPTER 10: INFORMALISM AND FORMALISM IN THE HISTORY OF ADR IN THE UNITED STATES AND AN EXPLORATION OF THE SOURCES, CHARACTER, AND IMPLICATIONS OF FORMALISM IN A COURT-SPONSORED ADR PROGRAMME WAYNE BRAZIL CHAPTER 11: UNLOCKING JUSTICE AND MARKETS: THE PROMISE OF CONSUMER ADR CHRISTOPHER HODGES CHAPTER 12: PRIVATE LAW ENFORCEMENT AND ADR: AN ARRANGED MARRIAGE GERHARD WAGNER INDEX
