Regulating Dispute Resolution: ADR and Access to Justice at the Crossroads

This book sets out a principled and comprehensive approach to the regulation of dispute resolution mechanisms in all their varieties. The book surveys procedures as diverse as mediation, conciliation, arbitration, ombudsmen, mini-trial, neutral evaluation, expert opinions, and court proceedings. Examples and analysis are taken from the theory and practice of dispute resolution in the US, Austria, Belgium, Denmark, England, France, Germany, Italy, Japan, the Netherlands, Norway, and Switzerland. The book then proposes a set of regulatory principles based on ethical guidelines and efficiency considerations. These are formulated and commented upon in a concise manner to assist legislators, policy makers, professional associations, practitioners, and academics in thinking about what solutions best suit local circumstances. The principles proposed are jointly offered by experts from Europe and across the wider world, and the country chapters and sections on the fundamental design of dispute resolution rules will be of interest to anyone concerned with alternative dispute resolution.