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Author: Edgar Allan Lind Publisher: ISBN: 9780833010292 Category : Arbitration and award Languages : en Pages : 120
Book Description
Court-annexed arbitration, which requires the referral of civil cases to nonbinding arbitration before a lawyer-arbitrator, has become an increasingly common feature of civil procedure, though it has been largely confined to state court programs for small tort cases. In the past decade, however, arbitration procedures have increasingly been used in the federal district courts, which tend to apply such procedures to much larger cases and to contract cases as well as torts. This report describes a four-year study of court-annexed arbitration in the U.S. District Court for the Middle District of North Carolina. The study examined the efficacy of court-annexed arbitration in high-stakes federal tort and contract cases. The study found the program had few negative effects and many positive ones, including improved access to the justice system, reduction of private litigation costs, and favorable reactions by both litigants and attorneys. The success of the arbitration program in the Middle District of North Carolina shows that alternative dispute resolution can produce benefits for disputants in large-stakes cases.
Author: Edgar Allan Lind Publisher: ISBN: 9780833010292 Category : Arbitration and award Languages : en Pages : 120
Book Description
Court-annexed arbitration, which requires the referral of civil cases to nonbinding arbitration before a lawyer-arbitrator, has become an increasingly common feature of civil procedure, though it has been largely confined to state court programs for small tort cases. In the past decade, however, arbitration procedures have increasingly been used in the federal district courts, which tend to apply such procedures to much larger cases and to contract cases as well as torts. This report describes a four-year study of court-annexed arbitration in the U.S. District Court for the Middle District of North Carolina. The study examined the efficacy of court-annexed arbitration in high-stakes federal tort and contract cases. The study found the program had few negative effects and many positive ones, including improved access to the justice system, reduction of private litigation costs, and favorable reactions by both litigants and attorneys. The success of the arbitration program in the Middle District of North Carolina shows that alternative dispute resolution can produce benefits for disputants in large-stakes cases.
Author: Publisher: ISBN: Category : Languages : en Pages : 124
Book Description
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Author: Hector Fix-Fierro Publisher: Bloomsbury Publishing ISBN: 1847310559 Category : Law Languages : en Pages : 288
Book Description
This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts Publisher: ISBN: Category : Civil procedure Languages : en Pages : 278
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property Publisher: ISBN: Category : History Languages : en Pages : 286
Author: Joachim Zekoll Publisher: Martinus Nijhoff Publishers ISBN: 9004281177 Category : Law Languages : en Pages : 424
Book Description
In 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.
Author: Alec Stone Sweet Publisher: Oxford University Press ISBN: 0198739729 Category : Law Languages : en Pages : 273
Book Description
This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice Publisher: ISBN: Category : Law Languages : en Pages : 154
Author: Edgar Allan Lind
Author: Edgar Allan Lind
Author: 
Author: Barbara Stone Meierhoefer
Author: Elizabeth S. Plapinger
Author: Hector Fix-Fierro
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Author: Joachim Zekoll
Author: Alec Stone Sweet
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice