Evolution in Dispute Resolution : From Adjudication to ADR?

Cover -- Title page -- PREFACE -- TABLE OF CONTENTS -- INTRODUCTION -- Chapter 1 Sculpturing Adjudication as a Public Good: Competition between Jurisdictions as a Modeling Factor -- 1.1 Introduction -- 1.2 Goods and Public Goods -- 1.3 Court Adjudication and Its Nature -- 1.3.1 Court Adjudication: Definition and Elements -- 1.3.2 Position of Court Adjudication among Other Conflict Resolution Mechanisms: A Privileged Position -- 1.3.3 Conflicts, from Private Good to Public Goods and Adjudication Provided by Private Parties -- 1.4 Competition for Adjudications in the EU -- 1.4.1 Competing Countries -- 1.4.2 Aspects of Competition and the Influence to the Nature of Adjudication -- 1.5 Conclusion -- Chapter 2 The (Emerging) Needs for ADR in Retail Payment Systems: Mediation -- 2.1 Introduction -- 2.1.1 Purpose and Previous Studies -- 2.2 Retail Payment Systems and Disputes in Retail Payment Systems -- 2.2.1 Retail Payment Systems: Characteristics and Development -- 2.2.2 Disputes in Retail Payment Systems -- 2.3 ADR and Mediation as ADR -- 2.3.1 Scope and Definition of ADR -- 2.3.2 ADR Roles in a Modern Civil Justice System -- 2.3.3 Mediation as ADR: Definition and Advantages -- 2.3.4 Mediation Processes -- 2.3.5 Limitations of Mediation -- 2.4 The Use of Mediation as ADR to Resolve Disputes in Retail Payment Systems -- 2.4.1 The Disadvantages of Conventional Adjudicative Process Compared to Mediation -- 2.4.2 The Benefits of Mediation Compared to Other Types of ADR in Resolving Payment Systems Disputes -- 2.4.2.1 How Mediation Is Most Suitable to Serve the Specific Interests of Both Disputing Parties -- 2.4.2.2 How Mediation Is Most Suitable to Ensure That Justice Is Accessible, Efficient, and Effective for the Parties Involved -- 2.4.3 Challenges -- 2.5 Conclusions -- 2.6 Further Research.

Chapter 3 From Dispute Settlement to Judicial Review? The Deference Debate in International Investment Law -- 3.1 Introduction -- 3.2 The Concept of Deference in Domestic Adjudication -- 3.3 Arguments in Favour of Deference in Investor-State Arbitration -- 3.4 Arguments against Deference in Investor-State Arbitration -- 3.5 The Function of Investor-State Arbitration: Private Law Dispute Settlement or Public Law Judicial Review? -- 3.6 Concluding Remarks -- Chapter 4 People's Mediation in China: A Supplement to Litigation -- 4.1 Introduction -- 4.2 The Increased Position of Private Actors in People's Mediation -- 4.2.1 Introduction -- 4.2.2 Private Actors in People's Mediation -- 4.2.2.1 Mediators -- 4.2.2.2 Other Individuals -- 4.2.2.3 Specialized Mediation Organizations -- 4.2.3 The Network of Big Mediation -- 4.2.4 Summary -- 4.3 The Legitimacy of People's Mediation -- 4.3.1 Social Harmony - Cultural and Political Root of People's Mediation -- 4.3.2 Social Changes - The Desire for Establishing Diversified Mechanisms of Dispute Resolution -- 4.3.3 Party Autonomy - The Initiate of the Mediation Procedure -- 4.4 People's Mediation Is a Supplementary to Litigation -- 4.4.1 Two Coexisting Systems -- 4.4.2 Filling the Gaps Left by Litigation -- 4.4.3 An Important Link of Big Mediation -- 4.4.4 Judicial Recognition and Enforcement of Mediation Agreements -- 4.5 The Future Improvement of People's Mediation -- 4.6 Conclusion.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.