Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?
This session of the workshop was dedicated to alternative dispute resolutions (ADR), which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread...
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Oñati International Institute for the Sociology of Law
2012-01-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/167 |
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| author | Kristin Hero |
| author_facet | Kristin Hero |
| author_sort | Kristin Hero |
| collection | DOAJ |
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This session of the workshop was dedicated to alternative dispute resolutions (ADR), which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration.
Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany, rexamined the role of lawyers, by illustrating “The authority of lawyers in the dispute settling-market.”
DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1988894
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| format | Article |
| id | doaj-art-f0616de4d9ad41a1a22b6aab197464c3 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2012-01-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-f0616de4d9ad41a1a22b6aab197464c32024-11-25T14:18:55ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712012-01-0119Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?Kristin Hero0Universität des Saarlandes This session of the workshop was dedicated to alternative dispute resolutions (ADR), which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany, rexamined the role of lawyers, by illustrating “The authority of lawyers in the dispute settling-market.” DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1988894 https://opo.iisj.net/index.php/osls/article/view/167Conflict ResolutionAlternative dispute resolutions (ADR)CourtsDispute Resolution ProcessesConflict resolutions |
| spellingShingle | Kristin Hero Dispute resolution by Courts and Dispute resolution in court. Partners or rivals? Oñati Socio-Legal Series Conflict Resolution Alternative dispute resolutions (ADR) Courts Dispute Resolution Processes Conflict resolutions |
| title | Dispute resolution by Courts and Dispute resolution in court. Partners or rivals? |
| title_full | Dispute resolution by Courts and Dispute resolution in court. Partners or rivals? |
| title_fullStr | Dispute resolution by Courts and Dispute resolution in court. Partners or rivals? |
| title_full_unstemmed | Dispute resolution by Courts and Dispute resolution in court. Partners or rivals? |
| title_short | Dispute resolution by Courts and Dispute resolution in court. Partners or rivals? |
| title_sort | dispute resolution by courts and dispute resolution in court partners or rivals |
| topic | Conflict Resolution Alternative dispute resolutions (ADR) Courts Dispute Resolution Processes Conflict resolutions |
| url | https://opo.iisj.net/index.php/osls/article/view/167 |
| work_keys_str_mv | AT kristinhero disputeresolutionbycourtsanddisputeresolutionincourtpartnersorrivals |