ABSTRACT

This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years.

Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research.

With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

part |16 pages

Introduction

chapter 1|14 pages

Introduction

Comparative and Transnational Dispute Resolution: Research into Practice

part Section I|63 pages

Methodological Considerations in Comparative and Transnational ADR

part Section II|39 pages

Comparative ADR Ethics, Standards and Jurisprudential Ideals

part Section III|76 pages

Comparative Approaches in Mediation and Arbitration

chapter 7|30 pages

International Comparative Mediation Law

Hong Kong and Singapore in Perspective

chapter 8|17 pages

Environmental Mediation and Facilitation in Italy

Theoretical Insights and Practical Experience on Non-Adjudicative Mechanisms and “Total Conflicts”

part Section IV|57 pages

ADR Developments and Reform in Mainland China

chapter 10|21 pages

Flexibility and Authority

Keys for Informal Justice to Succeed

chapter 11|18 pages

Wearing Two Hats

Problems of “In-Trial” Mediation in China

chapter 12|16 pages

Thinking About Consumer Mediation in China

Some Examples from Shenzhen