Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

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dc.contributor.author Hero, Kristin
dc.date.accessioned 2020-02-10T13:26:30Z
dc.date.available 2020-02-10T13:26:30Z
dc.date.issued 2011
dc.identifier.other 1692961551 de_DE
dc.identifier.uri http://hdl.handle.net/10900/97765
dc.identifier.uri http://nbn-resolving.de/urn:nbn:de:bsz:21-dspace-977658 de_DE
dc.identifier.uri http://dx.doi.org/10.15496/publikation-39148
dc.description.abstract 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.” en
dc.language.iso en de_DE
dc.publisher Universität Tübingen de_DE
dc.subject.classification Justiz , Konflikt de_DE
dc.subject.ddc 340 de_DE
dc.title Dispute resolution by Courts and Dispute resolution in court. Partners or rivals? en
dc.type Aufsatz de_DE
utue.publikation.fachbereich Kriminologie de_DE
utue.publikation.fakultaet Kriminologisches Repository de_DE
utue.opus.portal kdoku de_DE
utue.publikation.source Oñati Socio-Legal Series, 1-9, 2011 de_DE


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