Business, Management and Accounting › Strategy and Management

Dispute Resolution and Class Actions

Works Count: 33056

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Description

This cluster of papers focuses on the role of online dispute resolution (ODR) in the context of global trade, with a specific emphasis on consumer redress, class actions, regulatory challenges, e-commerce, mediation, arbitration, and the use of artificial intelligence. The papers explore the challenges and opportunities of implementing ODR systems for cross-border disputes and highlight the evolving landscape of dispute resolution in the digital age.

Keywords

Online Dispute Resolution; Global Trade; Consumer Redress; Class Actions; Regulatory Challenges; E-commerce; Mediation; Arbitration; Cross-Border Disputes; Artificial Intelligence

The Focus Theory of Normative Conduct

2012-10-11

Robert B. Cialdini

Multiple Regression in Legal Proceedings

1980-05-01

Franklin M. Fisher

International mediation in theory and practice

1985-01-01

Saadia Touval , I. William Zartman

The Law of the Horse: What Cyberlaw Might Teach

1999-12-01

Lawrence Lessig

A few years ago, at a conference on the “Law of Cyberspace” held at the University of Chicago, Judge Frank Easterbrook told the assembled listeners, a room packed with “cyberlaw” … A few years ago, at a conference on the “Law of Cyberspace” held at the University of Chicago, Judge Frank Easterbrook told the assembled listeners, a room packed with “cyberlaw” devotees (and worse), that there was no more a “law of cyberspace” than there was a “Law of the Horse”;1 that the effort to speak as if there were such a law would just muddle rather than clarify; and that legal academics (“dilettantes”) should just stand aside as judges and lawyers and technologists worked through the quotidian problems that this souped-up telephone would present. “Go home,” in effect, was Judge Easterbrook’s welcome. As is often the case when my then-colleague speaks, the intervention, though brilliant, produced an awkward silence, some polite applause, and then quick passage to the next speaker. It was an interesting thought — that this conference was as significant as a conference on the law of the horse. (An anxious student sitting behind me whispered that he had never heard of the “law of the horse.”) But it did not seem a very helpful thought, two hours into this day-long conference. So marked as unhelpful, it was quickly put away. Talk shifted in the balance of the day, and in the balance of the contributions, to the idea that either the law of the horse was significant after all, or the law of cyberspace was something more.

Mechanisms for the Protection of Online Consumers: A Comparative Analysis of the U. S. E-Sign Act and Thai E-Transactions Act

2004-12-31

Watchara Neitivanich

An Application of Default Logic to Speech Act Theory

1990-06-28

C. Raymond Perrault

A Counterfactual Theory of Prevention and 'Causation' by Omission

2001-06-01

Phil Dowe

The method of Adaptive Comparative Judgement

2012-03-15

Alastair Pollitt

Abstract Adaptive Comparative Judgement (ACJ) is a modification of Thurstone's method of comparative judgement that exploits the power of adaptivity, but in scoring rather than testing. Professional judgement by teachers … Abstract Adaptive Comparative Judgement (ACJ) is a modification of Thurstone's method of comparative judgement that exploits the power of adaptivity, but in scoring rather than testing. Professional judgement by teachers replaces the marking of tests; a judge is asked to compare the work of two students and simply to decide which of them is the better. From many such comparisons a measurement scale is created showing the relative quality of students' work; this can then be referenced in familiar ways to generate test results. The judges are asked only to make a valid decision about quality, yet ACJ achieves extremely high levels of reliability, often considerably higher than practicable operational marking can achieve. It therefore offers a radical alternative to the pursuit of reliability through detailed marking schemes. ACJ is clearly appropriate for performances like writing or art, and for complex portfolios or reports, but may be useful in other contexts too. ACJ offers a new way to involve all teachers in summative as well as formative assessment. The model provides strong statistical control to ensure quality assessment for individual students. This paper describes the theoretical basis of ACJ, and illustrates it with outcomes from some of our trials. Keywords: judgementmarkingreliabilityassessment methodsView correction statement:Space, scale and languages: identity construction of cross-boundary students in a multilingual university in Hong KongThe method of Adaptive Comparative Judgement Acknowledgements I am grateful to all of the collaborators who carried out the data collection for the various trials referred to in the paper. In particular I would like to acknowledge the contributions of Richard Kimbell and Tony Wheeler of TERU, Goldsmiths College, to the early development of the adaptive method, Donald Laming for suggesting the Swiss system to get us started, and Karim Derrick and Declan Lynch at TAG Learning for turning ACJ from a mere concept into a practical assessment system.

Resolution of Construction Disputes: A Review of Current Methodologies

2003-09-19

Kathleen M. J. Harmon

Construction projects are increasingly complex, resulting in complex contract documents. Complex construction can likewise often result in complex disputes, which predominantly arise from the intricacy and magnitude of the work, … Construction projects are increasingly complex, resulting in complex contract documents. Complex construction can likewise often result in complex disputes, which predominantly arise from the intricacy and magnitude of the work, multiple prime contracting parties, poorly prepared and/or executed contract documents, inadequate planning, financial issues, and communication problems. Any one of these factors can derail a project and lead to complicated litigation or arbitration, increased costs, and a breakdown in the parties' communication and relationship. This paper reviews the current methodologies for preventing and/or resolving construction conflicts. It is not meant to be an exhaustive review of each and every process, but rather to give the reader an overview of the advantages and disadvantages of each process when determining which one is right for a particular situation.

THE INVERSE CARE LAW

1971-02-01

Julian Tudor Hart

The availability of good medical care tends to vary inversely with the need for it in the population served. This inverse care law operates more completely where medical care is … The availability of good medical care tends to vary inversely with the need for it in the population served. This inverse care law operates more completely where medical care is most exposed to market forces, and less so where such exposure is reduced. The market distribution of medical care is a primitive and historically outdated social form, and any return to it would further exaggerate the maldistribution of medical resources.

The Frontier of Research in the Consumer Interest

1989-05-01

George B. Sproles , E. Scott Maynes

The Theory and Practice of Negotiated Rulemaking

1985-01-01

Lawrence Susskind , Gerard McMahon

An Investigation of Influences on Consumer Complaint Reports

1984-01-01

William O. Bearden , J. Barry Mason

Correlation and Causation

2014-07-28

Susan Haack

“So the litigation is used to shock the market?”“Yes, and, of course, to compensate the victims. I don’t want tumors in my bladder, benign or malignant. Most jurors would feel … “So the litigation is used to shock the market?”“Yes, and, of course, to compensate the victims. I don’t want tumors in my bladder, benign or malignant. Most jurors would feel the same way. Here’s the scenario: You put together a group of fifty or so plaintiffs, and file a big lawsuit on behalf of all Dyloft patients. At precisely the same time you launch a series of television ads soliciting more cases. You hit fast and hard, and you’ll get thousands of cases. The ads run coast to coast–quickie ads that’ll scare folks and make them dial your toll-free number right here in D.C., where you have a warehouse full of paralegals answering the phones and doing the grunt work. It’s gonna cost you some money, but if you get, say, five thousand cases, and you settle them for twenty thousand bucks each, that’s one hundred million dollars. Your cut is one third.”“That’s outrageous!”“No, … that’s mass tort litigation at its finest….”–John Grisham

Judicial Review of Administrative Guidance: Governmentally Encouraged Consensual Dispute Resolution in Japan

1984-05-01

Michael K. Young

Arbitrary and Natural Reinforcement

2017-09-29

C. B. Ferster

Some psychologists, experimental and otherwise, felt so strongly about aversive control that they raised their children as much as possible by positive reinforcement alone. Negative reinforcement, escape from an aversive … Some psychologists, experimental and otherwise, felt so strongly about aversive control that they raised their children as much as possible by positive reinforcement alone. Negative reinforcement, escape from an aversive stimulus, is very common and necessary in the natural human environment because aversive stimuli occur so widely and frequently. The reinforcement is arbitrary because there is no reinforcer currently maintaining the desired behavior or behavior similar to it in the child's repertoire. Such arbitrary social reinforcement differs in two ways from the natural reinforcer that was just described. First, the performance that is reinforced is specified narrowly rather than broadly as the large class of behaviors that can get rid of the natural aversive stimulus. A second property of arbitrary reinforcement is that the individual's current repertoire does not influence the behavior it produces nearly as much as is the case with natural reinforcers.

The Speech Act Assignment Problem Re- visited: Disentangling Speaker's Commit- ment from Speaker's Call on Addressee

2005-01-01

Claire Beyssade , Jean-Marie Marandin

International Mediation in Theory and Practice

1985-01-01

John C. Campbell , Saadia Touval , I. William Zartman

Burdens and standards in civil litigation

2003-01-01

Charles Robert Williams

On stepwise transition from talk about a trouble to inappropriately next-positioned matters

1985-04-04

Gail Jefferson

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Structural Characteristics of Norms

1960-10-01

Jay M. Jackson

Law and Borders - The rise of law in Cyberspace

1996-05-06

David R. Johnson , David Post

Global computer-based communications cross geographic boundaries creating a need for new laws and legal institutions to govern cyberspace. Global computer-based communications cross geographic boundaries creating a need for new laws and legal institutions to govern cyberspace.

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ADR and the “Vanishing Trial”: The Growth and Impact of “Alternative Dispute Resolution”

2004-11-01

Thomas J. Stipanowich

In the past quarter‐century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly, and more … In the past quarter‐century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly, and more satisfying resolution of conflict, including more extensive and appropriate use of mediation and other “alternative dispute resolution” (ADR) approaches. This study examines what we know and do not know about the growth and impact of ADR in federal and state courts, in the business sector, and in employment and consumer settings. The analysis examines the relationship between ADR and court trial, but also underlines the broader uses of and rationale for mediation and other process choices. Although there is clear positive evidence of cost and time savings and numerous other benefits of some court‐annexed ADR programs, it is evident that much depends on the shape and structure of such programs. Studies of ADR in commercial sectors suggest that the use of mediation has grown in recent years, reflecting perceptions that it offers significant potential benefits to business. Some businesses have developed more integrated, systematic approaches to the management of conflict, although most appear to have taken a more ad hoc, reactive approach to dispute resolution. There are many different kinds of programs for the management of employee grievances, including stepped processes that usually resolve disputes without adjudication. Several scholars have begun to develop a body of data on experience and perceptions of employees and their counsel. The availability of data on investor/broker arbitration is critical for promoting transparency and fairness in the securities field. Lawyers have a growing number of tools for providing clients with appropriate ways of managing and resolving conflict, but we still have much to learn about these choices. Quantitative and qualitative research is essential to provide guideposts for the future.

The OHIO State Journal on Dispute Resolution

2018-05-08

Laura Nader

Lawyers and judges in the United States have been pummeled in the popular media and in dispute resolution journals by an accelerating wave of antagonism toward litigation and the adversarial … Lawyers and judges in the United States have been pummeled in the popular media and in dispute resolution journals by an accelerating wave of antagonism toward litigation and the adversarial process. This chapter argues that harmony ideology - manifested in the reluctance of many lawyers to defend their profession against the alternative dispute resolution (ADR) onslaught - finds fertile ground through mechanisms of hierarchy and coercive harmony. The rationalization for ADR was from the outset articulated as protecting the courts from the "garbage cases," such as gender, environmental, and consumer cases, and protecting the courts from overload. ADR is a hegemonic movement, in which the exercise of political control working through a combination of persuasion and force makes it appear as if persuasion is the predominant feature. In any period of history, harmony ideology is accompanied by an intolerance for conflict.

Comparing three processes underlying judgments of procedural justice: A field study of mediation and arbitration.

1993-01-01

Debra L. Shapiro , Jeanne M. Brett

Online Dispute Resolution for Consumers in the European Union

2010-09-13

Pablo Cortés

Online Dispute Resolution for Consumers in the European UnionE-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making … Online Dispute Resolution for Consumers in the European UnionE-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse.The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, timeconsuming and expensive owing to the low value of the transactions and the physical distance between the parties.Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders.Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the internet, becoming the best, and often the only option for enhancing consumers' redress and strengthening their trust in e-commerce.This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR.It considers the current expansion of ODR and evaluates the challenges posed in its growth.The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.

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Conditioned reinforcement

2017-09-29

Derek Blackman

Causation as Influence

2004-06-25

David Lewis

Federal communications law journal

1988-01-01

The Grammars of Trust: A Model and General Implications

1998-07-01

Blair H. Sheppard , Dana M. Sherman

Product Liability in Comparative Perspective

2005-10-27

Duncan Fairgrieve

This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of … This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.

The Authority of the Consumer

2003-09-02

Russell Keat , Nigel Whiteley , Nicholas Abercrombie

Mediation and criminal justice: victims, offenders and community

1989-10-01

Martin Wright , Burt Galaway

last decade has seen the growth of mediation as an alternative to existing forms of resolution of the criminal justice process. rise of mediation has been inspired by varied motives: … last decade has seen the growth of mediation as an alternative to existing forms of resolution of the criminal justice process. rise of mediation has been inspired by varied motives: to give victims better outcomes; to relieve the pressures on the courts; to offer courts new ways of resolving disputes; and to restore justice to the community outside the criminal justice system. To what extent can mediation schemes achieve the aims of their exponents? and Galaway assess the international experiences of mediation in theory and in practice. A team of researchers and practitioners draw together experiences in North America, Western Europe and Japan, and examine the extent to which different forms of mediation have succeeded in their aims. They address key problems such as how far it has extended the reach of the criminal justice system. As a major international assessment of the progress of mediation, this book will be essential reading for researchers and lecturers in criminology, social work and law as well as for all concerned with the rights of victims and offenders and with the criminal justice system. The articles are consistently well written and provide a great breadth of information about the developments in the field. --The Alternative Newsletter Although mediation of civil disputes has become a growth industry over the past decade, extending the concept into the criminal field has proved more problematic. This first-of-its-kind collection by a group of well-known scholars and practitioners helps explain why this is so . . . . This volume makes a real contribution to the analysis of criminal justice reform. For upper-level students and faculty members. --ChoiceA collection with sufficient detail for anyone interested in mediation. --Times Higher Education Supplement Wright and Galaway have collected a valuable group of essays relating to the use of mediation in the criminal justice system. . . . essays are generally excellent. . . . They offer a range of valuable insights into some of the fundamental questions facing the dispute resolution community. --The Alternative Newsletter Mediation and Criminal Justice, edited by two distinguished criminal justice experts, makes an important contribution: A primary intent of the book is to consider the benefits that can be realized by bringing together victims and offenders who don't know each other, and by emphasizing reparative rather than retributive justice. . . . book provides a diverse set of perspectives from which to form opinions about the merits and drawbacks of mediation. --Judicature

Administrative law review

1961-01-01

Regulatory Practice

Study on Korean, Chinese, and Japanese Behavioral Intentions Toward Complaints: Analysis of Questionnaire Survey Data

2025-06-25

Hea Kyung Jung | The Japanese Language Association Of Korea

CONDITIONS FOR CONDUCTING MEDIATION IN CRIMINAL CASES INVOLVING PERSONS DEPRIVED OF LIBERTY UNDER POLISH LAW

2025-06-25

Dominika Bek , Olga Sitarz | Probacja

<ns3:p>The participation of a person serving a custodial sentence or held in pre-trial detention in criminal mediation has not been regulated by Polish legislation. Nor has it, to date, been … <ns3:p>The participation of a person serving a custodial sentence or held in pre-trial detention in criminal mediation has not been regulated by Polish legislation. Nor has it, to date, been the subject of broader analysis in the literature. Meanwhile, the issue gives rise to uncertainty and numerous legal and practical challenges. The authors examine the principles of mediation and the objectives of criminal proceedings at each stage in order to propose an optimal model of such mediation de lege lata and to formulate de lege ferenda recommendations. The analysis takes into account the perspectives of mediators, the authorities referring cases to mediation, and officers of the prison service and the police.</ns3:p>

Validity Of Notary Deeds And Land Deed Officials Made Electronically

2025-06-25

Ilham Bagaskara Aji , Pujiyono Suwandi , Hernawan Hadi | International Journal of Educational Research & Social Sciences

This study discusses Government Regulation Number 81 of 2021 which allows deeds to be made electronically which is linked to related laws and regulations in order to review whether electronic … This study discusses Government Regulation Number 81 of 2021 which allows deeds to be made electronically which is linked to related laws and regulations in order to review whether electronic deeds are included in authentic deeds or not. This study aims to determine the legal basis for electronic deeds as authentic deeds and to determine the legal problems that will arise if notaries and PPATs make deeds electronically. This type of research is doctrinal normative research with a statutory approach using progressive legal theory. The findings of this study are that electronic deeds with the development of an advanced era like this can become authentic deeds with the note that there must be several regulations that must be changed to recognize electronic deeds as authentic deeds. The conclusion of this study is that electronic deeds produced by an Electronic Information system that has been legalized or guaranteed by authorized professionals in this case a notary and a land deed official are authentic deeds and there are still problems if electronic deeds are implemented, namely: Inconsistency with laws and regulations, There is no definite recognition of electronic deeds as authentic deeds, Validity and authenticity of electronic deeds, No digital evidence and forensics, Lack of infrastructure and readiness of implementers, No implementation guidelines.

Research Handbook on Social Media and the Law

2025-06-24

| Edward Elgar Publishing eBooks

Introduction to the Research Handbook on Social Media and the Law

2025-06-24

Marilyn Bromberg , Thaddeus A. Hoffmeister | Edward Elgar Publishing eBooks

Enhancing the Efficiency of Public Interest Litigations in China

2025-06-20

Bao‐Jie He | Lecture Notes in Education Psychology and Public Media

Public interest litigation (PIL) is a relatively new form of legal action in China that aims to address specific violations of the law that greatly undermine public interest in fields … Public interest litigation (PIL) is a relatively new form of legal action in China that aims to address specific violations of the law that greatly undermine public interest in fields such as ecological environment and resource protection, food and drug safety, and cultural heritage protection etc.. However, it is observed that PILs often last for a long time (two years on average, with extreme instances spanning up to five to ten years). As a first attempt, this article examines the reasons (1) acquisition and application of evidence, (2) judicial issue, (3) tension between legislative frameworks and practical implementation, and consequences of the lengthy duration required to resolve these public interest cases. Subsequently, the article offers policy recommendations, (1) making an innovation in evidence system to establish a national digital evidence-sharing platform with automated risk alerts, (2) reforming judicial system to create specialized cross-regional procuratorial divisions and PIL courts to unify jurisdiction, and (3) formulating targeted legislation to the country to enhance the efficiency of its PIL regime.

Redesigning the Turkish Civil Litigation System in the Light of Online Dispute Resolution (ODR)

2025-06-20

Barış Mıdık | Erzincan Binali Yıldırım Üniversitesi Hukuk Fakültesi Dergisi

Currently, there are important developments across the world concerning online dispu-te resolution (ODR) methods. It would not be wrong to consider these ODR developments as a new movement, similar to … Currently, there are important developments across the world concerning online dispu-te resolution (ODR) methods. It would not be wrong to consider these ODR developments as a new movement, similar to the alternative dispute resolution (ADR) methods available in the European Union. Therefore, these developments may have effects throughout judicial sys-tems. In the long run, the existence of ODR-infused judicial procedures may be deemed es-sential for adequate access to justice. In this article, we tried to rethink the Turkish civil litiga-tion system in the light of ODR. It should be stressed that technology cannot solve all the problems of the judiciary. However, if technology can be applied properly and carefully, even-tually it would be possible to find solutions for some of the structural flaws inherent in the current Turkish civil litigation system. Such a result would not be a small achievement in terms of access to justice.

A New Chapter in Accountability: Transparency and Anonymisation in the Croatian Courts

2025-06-19

Paula Šamanić , Martina Tičić | Anali Pravnog fakulteta u Beogradu

The ongoing digitalisation of judicial systems has intensified the debate over balancing the requirement of transparency and the right to privacy. In Croatia, recent legislative amendments mandate online publication of … The ongoing digitalisation of judicial systems has intensified the debate over balancing the requirement of transparency and the right to privacy. In Croatia, recent legislative amendments mandate online publication of judgments, which marks a significant step toward ensuring transparency. However, this raises questions about reconciling public access to information with individual privacy protection. This article thus evaluates the implications of these changes, examining their compliance with privacy standards and their impact on judicial practices. It assesses whether current legal provisions adequately balance transparency and privacy, particularly by evaluating the existing anonymisation measures. By situating Croatia’s reforms within a comparative legal context, the study also highlights the challenges and opportunities in implementing the obligation of online publication of judgments. The findings aim to assess whether the current solution represents a balanced approach to achieving transparency in the judiciary while safeguarding privacy rights, and offer recommendations for potential improvements.

Conciliation and mediation in digital justice: categories, dimensions and guide for future research

2025-06-18

Ana Cláudia dos Santos Alves , Fabrício Castagna Lunardi , Pedro Miguel Alves Ribeiro Correia | Information & Communications Technology Law

Making Dispute Resolution More Effective – Simplified Peer Review, Macau, China (Stage 1)

2025-06-17

| OECD/G20 base erosion and profit shifting project

ENFORCEMENT PROCEEDINGS IN THE CONTEXT OF ALTERNATIVE DISPUTE RESOLUTION METHODS: PROSPECTS AND CHALLENGES

2025-06-15

A. V. Denysova | Constitutional State

The article examines the significance of enforcement proceedings in the context of applying alternative dispute resolution (ADR) methods, such as mediation, arbitration, and other informal conflict resolution approaches. The authors … The article examines the significance of enforcement proceedings in the context of applying alternative dispute resolution (ADR) methods, such as mediation, arbitration, and other informal conflict resolution approaches. The authors explore how these methods can effectively interact with the traditional process of enforcing decisions arising from alternative dispute resolution. Specifically, the focus is on analyzing the potential for integrating ADR into the decision enforcement system, as well as identifying the key issues and challenges associated with this process. The article emphasizes the need for improving legal regulation in Ukraine to facilitate the more effective use of ADR in legal practice. Potential benefits are discussed, such as reducing the burden on the judicial system, lowering time and cost expenditures for participants, and improving the quality of decisions through the involvement of neutral mediators. However, alongside the benefits, significant challenges are also addressed, such as the lack of sufficient legal clarity regarding the enforceability of decisions made within ADR frameworks, the need for mechanisms to ensure compliance with agreements, and issues related to ensuring voluntary compliance with decisions. Special attention is given to analyzing how the judicial system and enforcement authorities can collaborate with alternative methods to achieve maximum effectiveness in the dispute resolution process. The authors also consider the ethical and organizational aspects that arise when applying such methods, particularly issues of confidentiality, the independence of arbitrators and mediators, and ensuring a balance between voluntary and compulsory enforcement of decisions. Based on the research, a number of recommendations are proposed to improve legal mechanisms and legislation, which would allow for the effective integration of enforcement proceedings with alternative dispute resolution methods. The article highlights the importance of further developing legal culture and ensuring citizens’ access to alternative conflict resolution methods that align with current trends in globalization and the development of legal systems worldwide.

ON THE CONCEPT OF RECUSAL IN PROCEDURAL LAW

2025-06-15

M. S. Kastrova | Constitutional State

The article is devoted to the study of the institution of recusal in the procedural law of Ukraine as a complex legal phenomenon that plays a significant role in ensuring … The article is devoted to the study of the institution of recusal in the procedural law of Ukraine as a complex legal phenomenon that plays a significant role in ensuring the right to a fair and impartial trial. The focus is placed on the concept of “recusal”, the necessity of defining its unified meaning, its legal essence, and the analysis of its normative consolidation in legislation. The article provides a comparative analysis of scholarly approaches to interpreting the concept of recusal and presents a critical review of definitions proposed by legal scholars. It emphasizes the absence of a unified legislative definition of the term “recusal” in Ukraine’s current procedural codes and scholarly works, which creates preconditions for ambiguous interpretation and application of relevant norms. Particular attention is paid to the analysis of specific definitions that reveal certain aspects of the institution of recusal but fail to reflect its essence comprehensively. Special emphasis is placed on the need to determine all possible grounds for recusal, rather than focusing on a single basis to characterize this legal phenomenon. These factors are thoroughly examined as essential prerequisites for guaranteeing the right to a fair judicial review. The article substantiates the necessity of improving the regulatory framework of the recusal institution in Ukraine, particularly by developing a legislatively enshrined definition that reflects its multifaceted nature and eliminates the possibility of manipulating its interpretation for the purpose of abuse. The author proposes an original substantive definition of recusal as a complex system of disqualification of participants in judicial proceedings based on well-grounded doubts regarding their impartiality, including a list of potential grounds and consequences. The analysis has a critical nature and is based on the provisions of both national legislation and international standards in the field of justice. In particular, the article examines the legal positions of the European Court of Human Rights, which highlight the importance of adhering to the principle of impartiality and having procedural mechanisms for the disqualification of interested parties. As a result, conclusions are formulated regarding a single, meaningful definition that can be used in legislative activity, judicial practice, academic research, and legal education.

ADVANTAGES AND DISADVANTAGES OF USING MEDIATION IN CASES OF ADMINISTRATIVE OFFENSES

2025-06-13

S. Nishchymna , L. Shestak | Scientific Herald of Sivershchyna Series Law

The article explores the problems of legal regulation of the use of mediation as an alternative to judicial consideration of cases of administrative offenses. The advantages of mediation are considered, … The article explores the problems of legal regulation of the use of mediation as an alternative to judicial consideration of cases of administrative offenses. The advantages of mediation are considered, including regulation at the legislative level, effectiveness in European countries, the absence of shortcomings of judicial review, equality of parties, the possibility of agreeing on the terms of implementation of agreements, the absence of judicial and other costs, and the preservation of partnership relations between the parties. The authors also identified categories of cases in which the use of mediation is complicated or inadmissible (corruption offenses, offenses that harm state interests, the interests of minors, environmental offenses). The authors propose criteria for determining administrative cases, the consideration of which in the order of application of mediation is possible (petty hooliganism, violation of the rules of keeping animals, traffic accidents). The authors defend the position on the importance of voluntary participation in mediation and the inadmissibility of the use of coercion, since this condition negates the expediency of the use of mediation and its legal consequences. The article also considers the shortcomings of mediation, such as the possibility of delaying the process and the lack of procedural guarantees for the implementation of agreements. It is proposed to supplement Article 38 of the Code of Ukraine on Administrative Offenses with Part 9, which provides for the suspension of the terms of imposing an administrative penalty for the duration of mediation and ensures the implementation of agreements through a court decision. The problem of an insufficient number of qualified mediators and the need to create an open register of mediators are emphasized. Amendments to Article 249 of the Code of Ukraine on Administrative Offenses are proposed to ensure the confidentiality of mediation. The conclusion is made about the need to define categories of cases where mediation is impossible, to establish legislative frameworks for authorities, to ensure the implementation of agreements and to suspend the terms of imposing penalties for the duration of mediation. Keywords: administrative offense, administrative proceedings, mediation, mediator, confidentiality.

Declining Civil Lawsuit Filings in Germany and the Role of Alternative Dispute Resolution (adr)

2025-06-02

Caroline Meller-Hannich , Monika Nöhre , Armin Höland | International journal of procedural law.

Abstract Which factors are contributing to the significant decline in lawsuits filed in German civil courts since the late 1990s? The empirically based picture which comes out from a recent … Abstract Which factors are contributing to the significant decline in lawsuits filed in German civil courts since the late 1990s? The empirically based picture which comes out from a recent research project commissioned by the German Federal Ministry of Justice indicates not one factor only, but a number of factors and developments contributing to the ongoing decline of civil law cases. Alternative Dispute Resolution ( adr ) mechanisms are certainly gaining in importance, but the total reduction of more than 600.000 court cases during the 2005–2019 review period can by far not be solely attributed to adr bodies. There are, however, modest signs of a migration of disputes from the civil courts to alternative dispute resolution procedures. Following the perceptions of some Ombudspersons and adr bodies, the value and complexity of the civil law disputes involved often make them economically or practically unviable for a civil lawsuit, but preferably directs them to free consumer conciliation services. In principle, the same is true regarding arbitration with its much more smaller numbers which does not explain the quantitative decline in the number of lawsuits filed with the civil courts. Much more explanation of the decline in lawsuits is to find in strategies for conflict avoidance and resolution developed by businesses, notably meticulously crafted contracts and efficient complaint management. Another factor contributing to the decline of lawsuits is the filtering effect of legal advisers increasingly discouraging clients from pursuing legal action. An analysis of the factors contributing to the decline in lawsuits filed in German civil courts must naturally also consider the role of extrajudicial dispute resolution methods. Have disputes “migrated” elsewhere? Notably, conciliation, arbitration, and mediation present themselves as viable alternatives. A research project commissioned by the German Federal Ministry of Justice ( Bundesministerium der Justiz , bmj ) has yielded a more complex picture: Alternative Dispute Resolution ( adr ) mechanisms are gaining in importance and indicate possible shortcomings within the state judicial system. However, it is crucial to recognize that the decline in conventional litigation cannot be solely attributed to adr

POS0847 cSLE-T2T-GLOBAL: ARE WE ACHIEVING TREAT-TO-TARGET GOALS IN cSLE INSIGHTS FROM UK AND NORTH AMERICAN cSLE REGISTRIES

2025-06-01

Eve Smith , F. Caseiro Alves , Alexandre Bélot +6 more | Annals of the Rheumatic Diseases

Constitutional Issues in Competence Dispute

2025-05-31

Hyun-Jai Kim | DONG-A LAW REVIEW

The Application Analysis of Article 1365-Civil Code Towards The Responsibility of E-Commerce Platforms for Products Sale with Changed Brandings Without Permission

2025-05-31

Angelia Carla Monalisa , Surahmad Surahmad | Law Development Journal

The background of this research is based on the rapid development of e-commerce which has led to an increase in the circulation of branded products that have been altered without … The background of this research is based on the rapid development of e-commerce which has led to an increase in the circulation of branded products that have been altered without permission. This action has the potential to harm brand owners and create an unhealthy trading climate in the digital world. This study aims to analyze the application of Article 1365 of the Civil Code (KUHPer) to e-commerce platforms that facilitate the sale of branded products that have been altered without permission, as well as to examine the role of platforms in protecting intellectual property rights in the world of e-commerce. The method used is a normative legal approach that emphasizes the analysis of legal regulations and related literature. The results of the study indicate that e-commerce platforms can be held liable for unlawful acts related to the sale of branded products that have been altered without permission, especially if there is evidence of negligence or an active role in allowing the practice. This study also found that the protection of intellectual property rights in e-commerce still requires strengthening regulations and more effective supervision to prevent violations that are detrimental to the parties involved.

A Study on the Comprehensive approval and 'Fairness' in Article 398 of the Commercial Act - including legislative discussions -

2025-05-31

Gang Hyeon An | Commercial Law Review

The content and evaluation of the proposed amendment to the Commercial Act regarding Virtual Shareholder Meetings

2025-05-31

Yongsu Kwon | Commercial Law Review

e-Justice in India: A Conceptual Framework

2025-05-31

D. Ravindra Satish Babu | Indian Journal of Public Administration

Justice with a price tag is no justice at all. Real justice is priceless . —Huguette Labelle The article examines the introduction of information and communication technology (ICT) in India’s … Justice with a price tag is no justice at all. Real justice is priceless . —Huguette Labelle The article examines the introduction of information and communication technology (ICT) in India’s judicial system and its implications on judicial procedures and governance, potentially influencing constitutional values like transparency and accountability. It conceptualises the functional and managerial aspects of smart judicial governance. As this is a new initiative, there is limited performance data regarding the application of e-justice technologies. Additionally, the article explores the conceptual framework of e-justice and the digital divide within India, analysing techniques and methods from qualitative and quantitative perspectives. It proposes a gradual transition towards new techno-cultural methods and emphasises the potential of these innovations in delivering justice to all communities and societies.

Detailed Analysis of Automating Detention Claim Approval in Shipping with AI Agents and LLMs

2025-05-31

Mukesh Kumar | International Journal of Computer Trends and Technology

A Study on Protection of Privacy in American Tort Law -focusing on Restatement (Second) of Tort-

2025-05-31

Seil Ko | Chungnam Law Review

A Study on the Recognition and Enforcement of International Arbitration Awards and the Doctrine of Forum Non Conveniens in Industrial Disputes in the United States

2025-05-30

Yun seok Hur , Jung-In Park | Regional Industry Review

AI-Enhanced Online Dispute Resolution for Family Disputes: Examining Global Trends, Models, Mechanisms, and Ethical Challenges in Pakistan

2025-05-29

Daniyal Shoukat , Muhammad Usama Abuzar , Qaisar Zia uddin Shah | The critical review of social sciences studies

The integration of Artificial Intelligence (AI) into Online Dispute Resolution (ODR) presents a transformative opportunity for addressing family conflicts in Pakistan, where traditional litigation remains slow, costly, and overburdened. This … The integration of Artificial Intelligence (AI) into Online Dispute Resolution (ODR) presents a transformative opportunity for addressing family conflicts in Pakistan, where traditional litigation remains slow, costly, and overburdened. This paper explores AI-enhanced ODR models, mechanisms, and ethical challenges, contextualizing them within global trends and Pakistan’s evolving legal landscape. The study examines key ODR approaches—online negotiation, mediation, and arbitration—alongside AI-driven tools such as game theory-based platforms and DIY separation systems. It evaluates the Lodder-Zeleznikow three-step model for intelligent dispute resolution, emphasizing information gathering, dialogue facilitation, decision analysis, and adaptive recursive processes. Globally, jurisdictions like the U.S., Canada, Europe, and Australia have pioneered AI-ODR adoption in family disputes, offering valuable insights for Pakistan. Despite recent advancements, including Supreme Court endorsements of virtual testimony and AI’s potential to reduce judicial inefficiencies, Pakistan’s ODR framework remains underdeveloped. Ethical concerns, including transparency, bias, and data privacy, further complicate AI-ODR integration. The paper concludes with recommendations for legal and technological reforms, advocating for E-filing systems, virtual courts, and AI-powered case management to enhance accessibility, efficiency, and fairness in resolving family disputes. By aligning with global best practices while addressing local challenges, Pakistan can harness AI-ODR to modernize its justice system and mitigate systemic delays.

AI-Mediated Dispute Resolution

2025-05-28

James Hale , HanMoe Kim , Ahyoung Choi +1 more | Proceedings of the AAAI Symposium Series

We examine the effectiveness of large language model (LLM) mediations in the under-studied dispute resolution domain. We first used a new corpus of dispute resolutions, KODIS, to investigate if LLMs … We examine the effectiveness of large language model (LLM) mediations in the under-studied dispute resolution domain. We first used a new corpus of dispute resolutions, KODIS, to investigate if LLMs can correctly identify whether to intervene. We find evidence that GPT as a mediator picks up on salient aspects of a dispute, such as Frustration and whether the disputants ultimately come to a resolution or stall at an impasse --- intervening significantly more so in cases of high frustration and impasse. Afterward, we ran a user study to compare GPT mediations against those of novice human mediators. We find participants agreed GPT's mediations were more likely to lead to resolution; were better positioned in the dialog; had better justification than human-crafted ones; and, on a forced choice, were generally more effective than novice human mediations.

A efetividade da online dispute resolution no Brasil como mecanismo de acesso à justiça

2025-05-28

Rafael Talamoni | DELOS Desarrollo Local Sostenible

O presente artigo visa realizar análise da origem das chamadas Online Dispute Resolution – ODR, as quais correspondem a inovação em forma de resolução de conflitos de forma eletrônica em … O presente artigo visa realizar análise da origem das chamadas Online Dispute Resolution – ODR, as quais correspondem a inovação em forma de resolução de conflitos de forma eletrônica em um mundo de constante avanço tecnológico. Ademais, serão observadas formas que serviram para tentar criar alternativas para satisfazer demandas de forma efetiva e célere, como é o caso dos Juizados Especiais Cíveis e de atividades que foram alocadas para os cartórios de registro de imóveis. O Poder judiciário também será objeto de análise, através de dados e informações prestadas pelo portal da Justiça aberta, do Conselho Nacional da Justiça, dados esses que servirão para ilustrar a alta demanda e os demandantes que estão constantemente apresentando novos processos, ao ponto que se verifica que, os maiores usuários da justiça, são entes e membros da própria administração pública. Por fim, serão verificadas informações diversas do portal de um das maiores ODR do Brasil, o reclame aqui, para verificar se as empresas estão se preocupando com a sua reputação perante os usuários e se as formas de soluções de conflitos ali impostas são efetivas e garantem as partes acesso real a justiça. Ao final, serão feitas as conclusões com apontamentos de diversos problemas encontrados no atual procedimento, o que evidencia que ainda há um longo caminho a ser percorrido até que haja adesão significativa das Online Dispute Resolution.

Towards a Tech-Savvy Judiciary: A Comparative Study of Evidentiary Flexibility in India, the UK, US, Canada, and Singapore

2025-05-26

Himanshu Thakran

The 21st century has witnessed a profound digital transformation, fundamentally altering the way individuals communicate, transact, and store information. With the widespread proliferation of devices such as smartphones, laptops, and … The 21st century has witnessed a profound digital transformation, fundamentally altering the way individuals communicate, transact, and store information. With the widespread proliferation of devices such as smartphones, laptops, and cloud-based platforms, electronic evidence comprising emails, digital images, chat logs, GPS data, and multimedia files has become indispensable in both civil and criminal litigation. This paper examines the evolving legal treatment of electronic evidence in India, contextualized through a comparative analysis of five common law jurisdictions: the United States, the United Kingdom, Canada, Singapore, and India.