Refine your search

Search result: 4951 articles

x
Article

Beyond the Singapore Convention

The Importance of Creating a ‘Code of Disclosure’ to Make International Commercial Mediation Mainstream

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords Singapore Convention, mediation, expectations, enforcement, commerce, international
Authors Ana Maria Maia Goncalves, François Bogacz and Daniel Rainey
AbstractAuthor's information

    On 6 August 2019, the Singapore Convention on Mediation was announced. The Convention parallels the New York Convention for arbitration by moving to legitimize mediation as a dispute resolution method for international commercial transactions. The Convention tries, in particular, to address the enforceability of mediation settlements by referring to the application of mediation ‘standards’ in Article 5 (e). Mediation standards have been a controversial topic in professional circles since the rise of mediation as an alternative dispute resolution process, because of the extreme diversity of mediation approaches across the world. We argue that all stakeholders in the mediation ecosystem should focus on creating a ‘Code of Disclosure’ as a complement to the Singapore Convention, that such a ‘Code of Disclosure’ may be the first step towards a future ‘Uniform Code of Conduct’, and that a code of disclosure will bring certainty to parties about the international commercial mediation process, which is a key prerequisite for its true adoption.


Ana Maria Maia Goncalves
Ana Maria Maia Goncalves is Founder and President, ICFML (Instituto de Certificação de Mediadores Lusófonos).

François Bogacz
Francois Bogacz, Swiss Centre for Affective Sciences, University of Geneva, Computer Vision and Multimedia Laboratory, University of Geneva, Battelle Campus and Melbourne Business School.

Daniel Rainey
Daniel Rainey, National Center for Technology and Dispute Resolution, The International Council for Online Dispute Resolution and InternetBar.Org.

    Infractions are the most voluminous case type in most court locations. Through two initiatives funded by the National Highway Safety Administration, namely eCitation and On-line Disposition, the Connecticut Judicial Branch has been able to establish a comprehensive electronic citation and adjudication platform during a time of significant budgetary challenges.


Stacey B. Manware
Deputy Director of Centralized Services for the Connecticut Judicial Branch.
Article

The EU Approach to Consumer ODR

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords consumer alternative/online dispute resolution, European Union, ODR Regulation 524/2013, ADR Directive 2013/11, ODR platform
Authors Emma van Gelder
AbstractAuthor's information

    The EU internal market has undergone several developments in the past decades. One of the main developments is the inclusion of a digital dimension. One of the fields in which these developments are very evident is the consumer market. A further development of e-commerce is however hindered because there are no suitable redress mechanisms for consumers involved in low-value, high volume claims typically arising from e-commerce transactions. In response to the ills of existing redress mechanisms, an emerging trend of consumer alternative dispute resolution (ADR) and consumer online dispute resolution (ODR) schemes has been identified throughout the Member States (MS) aimed to offer consumers a swift, cheap and simple procedure through which they can enforce their rightsThis paper outlines the EU approach to Consumer ADR/ODR, gives some observations of the functioning of the legislation in practice and concludes with some thoughts for the future.


Emma van Gelder
PhD Candidate Erasmus University, Rotterdam.
Article

Access to Justice and the Role of ODR Inside and Outside Brazilian Courts

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords online dispute resolution, access to justice, efficiency, technology
Authors Marco Rodrigues
AbstractAuthor's information

    Getting cases decided in court within a reasonable time is a problem in many countries and in some cases can present a veritable crisis of justice. An alternative that is commonly used in judicial proceedings (at least in many civil law countries) is to hold a preliminary hearing in order to encourage a settlement. This article aims to analyse online dispute resolution as an efficient alternative to resolve the crisis of justice in Brazil.


Marco Rodrigues
Professor of Civil Procedure, Rio de Janeiro University.
Article

Design Approaches for Optimal ODR

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords ODR, system design, participatory design
Authors Anne Thompson
AbstractAuthor's information

    Using a participatory design approach supports initiatives seeking to advance access to justice, whether they be policy, service or solution-oriented. A participatory design approach can be used effectively irrespective of whether your perspective towards access to justice is as a court employee, a private practitioner (attorney, mediator), a legal aid or human service agency professional, an academic or a technologist.


Anne Thompson
Principal Consultant, Thompson Finn.
Article

ODR as a Public Service

The Access to Justice-Driven Canadian Experience

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords ODR, access to justice, courts, legal process, sense of fairness
Authors Nicolas Vermeys and Jean-François Roberge
AbstractAuthor's information

    Canadian courts and tribunals are successfully incorporating online dispute resolution (ODR) mechanisms into their processes in order to offer user-centric dispute resolution systems aimed at increasing access to justice. Although they use different approaches, three such examples, British Columbia’s Civil Resolution Tribunal, Ontario’s Condominium Authority Tribunal, and Quebec’s PARLe-OPC platform, have all demonstrated how public ODR can increase litigants’ sense of justice while respecting basic legal tenets. This article serves as a short introduction to this user-centric Canadian approach.


Nicolas Vermeys
Nicolas Vermeys is the Associate Dean of Programs at the Université de Montréal’s Faculty of law, the Associate director of the Cyberjustice Laboratory, and a Researcher at the Centre de recherche en droit public (CRDP).

Jean-François Roberge
Jean-François Roberge is a Professor and the Director of the Dispute Prevention and Resolution programmes at the Université de Sherbrooke Faculty of law.
Article

Assessing the Essentials of Litigant Experience in Court ODR Systems

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords courts, ODR, assessment, effectiveness, access to justice
Authors Jennifer Shack
AbstractAuthor's information

    As ODR rolls out in courts across the United States, we need to learn more about how litigants experience it. This is particularly true about their experience of access to justice, which is a primary motivator for courts to adopt ODR. This article discusses plans for an evaluation Resolution Systems Institute and the University of California, Davis, will be conducting of ODR programmes in Hawaii and Texas for small claims cases.


Jennifer Shack
Director of Research, Resolution Systems Institute.
Article

Online Collaboration Algorithms for Small Claims

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords online collaboration algorithms, small claims
Authors Ernest Thiessen and Peter Holt
AbstractAuthor's information

    This article was adapted from a presentation at the ODR Forum 2019 in Williamsburg.


Ernest Thiessen
President of iCan Systems Inc. (creators of Smartsettle).

Peter Holt
Chief Product Development Officer at iCan Systems Inc. (creators of Smartsettle).
Article

Supporting Self-Represented Litigants and Access to Justice

How Does ODR Fit In?

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords ODR, self-represented litigants, access to justice, legal services
Authors John M. Greacen
AbstractAuthor's information

    In 2015 the Conference of Chief Justices and the Conference of State Court Administrators (CCJ/COSCA), representing the leadership of the state court systems of the United States, adopted the following goal for access to justice for civil legal issues.

    […] the Conference of Chief Justices and the Conference of State Court Administrators support the aspirational goal of 100 percent access to effective assistance for essential civil legal needs.

    How far are we from attaining that goal today?


John M. Greacen
Principal, Greacen Associates. The author acknowledges the contribution from two esteemed colleagues, Katherine Alteneder, Executive Director of the Self Represented Litigation Network and Bonnie Hough, Principal Managing Attorney, Center for Families, Children & the Courts, Judicial Council of California.
Article

Readiness for Family and Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords online dispute resolution, family dispute resolution, domestic violence, ripeness and readiness, divorce
Authors Nussen Ainsworth, Lisa Zeleznikow and John Zeleznikow
AbstractAuthor's information

    The International Conflict Resolution Community has developed considerable theory and many case studies about ripeness and readiness for mediation. Readiness involves a readiness of the disputant to resolve the conflict, while ripeness indicates the time is appropriate to attempt a resolution. There is a sparse amount of theory about these issues in commercial and family dispute resolution (FDR). We discuss the practice of readiness for mediation, FDR and online dispute resolution and develop practices about when to mediate such disputes – especially when domestic violence has occurred.


Nussen Ainsworth
Nussen Ainsworth, Victoria University, Melbourne, Australia – nussen.ainsworth@vu.edu.au.

Lisa Zeleznikow
Lisa Zeleznikow, Jewish Mediation Centre, Melbourne, Australia – lisa@jmc.org.au.

John Zeleznikow
John Zeleznikow, Victoria University, Melbourne, Australia – john.zeleznikow@vu.edu.au.
Pending Cases

Case C-511/19, Age discrimination

AB – v – Olympiako Athlitiko Kentro Athinon – Spyros Louis, reference lodged by the Areios Pagos (Greece) on 4 July 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Age discrimination
Pending Cases

Case C-483/19, Fixed-term work

Ville de Verviers – v – J, reference lodged by the Cour du travail de Liège (Belgium) on 24 June 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Fixed-term work
Rulings

ECJ 2 October 2019, case C-93/18 (Bajratari), Work and residence permit

Ermira Bajratari – v – Secretary of State for the Home Department, UK case

Journal European Employment Law Cases, Issue 4 2019
Keywords Work and residence permit
Abstract

Pending Cases

Case C-652/19, Fixed-term work, Collective redundancies

KO – v – Fallimento Consulmarketing SpA, reference lodged by the Tribunale di Milano (Italy) on 2 September 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Fixed-term work, Collective redundancies
Pending Cases

Case C-471/19, Gender discrimination

Middlegate Europe NV – v – Ministerraad, reference lodged by the Grondwettelijk Hof (Belgium) on 20 June 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Gender discrimination

    The European Commission recently conducted a public consultation on the measures that may be taken to ensure the full application of the principle of equal pay between women and men. Its evaluation report is expected before the end of this year. The new Swiss legislation on monitoring and disclosure of the gender pay gap may be inspiration for future EU initiatives in this area.


Sara Rousselle-Ruffieux
Sara Rousselle-Ruffieux is an attorney-at-law at Lenz & Staehelin, Geneva, Switzerland.
Pending Cases

Case C-407/19, Free movement, fixed-term work

Katoen Natie Bulk Terminals NV, General Services Antwerp NV – v – Belgische Staat, reference lodged by the Raad van State (Belgium) on 24 May 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Free movement, fixed-term work
Rulings

ECJ 26 September 2019, case C-63/18 (Vitali), Other forms of free movement

Vitali SpA – v – Autostrade per l’Italia SpA, Italian case

Journal European Employment Law Cases, Issue 4 2019
Keywords Other forms of free movement
Abstract

Pending Cases

Case C-710/19, Free movement

G.M.A. – v – Belgian State, reference lodged by the Conseil d’État (Belgium) on 25 September 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Free movement
Showing 141 - 160 of 4951 results
1 2 3 4 5 6 8 10 11 12 49 50
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.