Max Planck Society

Max Planck Institute for Comparative and International Private Law

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Online version Handwörterbuch des Europäischen Privatrechts
Regulating Dispute Resolution

ADR and Access to Justice at the Crossroads

I.   Guide for Regulating Dispute Resolution (GRDR)
II.  Comparative Analysis and Recommendations
III. Open Normative Framework
IV. Project
V.  Publication
VI. Documents

 

I. Guide for Regulating Dispute Resolution (GRDR)

The international research project “Regulating Dispute Resolution” proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, minitrial, ombudsman procedure, arbitration and court adjudication. A central result of the project is the transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles proposed therein are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution contains succinct principles and comments for the regulation of dispute resolution in the areas of civil and business law. The Guide aims to contribute to the development of national, regional and international regulatory frameworks by legislators and academia

 

II. Comparative Analysis and Recommendations

The recommendations of the Guide for Regulating Dispute Resolution are based on an analy-sis of the theory, regulatory models and empirical data found in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the USA. The members of the project comprise experts with a background in academia, practice and law-making. The authors analyse the regulatory framework and social reality of dispute resolution in their individual country reports. On this basis, the authors draw conclusions regarding policy choices, regulatory strategies and the practice of conflict resolution. The method employed is comparative, interdisciplinary and oriented towards an integration of theory and practice. In connection with the chapters on fundamental issues the country chapters aim to contribute to the understanding and development of the legal framework governing national and international dispute resolution.

 

III. Open Normative Framework

The discussion over transnational principles for the regulation of dispute resolution is only now beginning. The Guide for Regulating Dispute Resolution represents a first proposal for a just, consistent and systematic regulation of dispute resolution. The recommendations are neither comprehensive nor exhaustive, being intended instead to prompt discussion and further development. The Principles found in the Guide for Regulating Dispute Resolution are formulated in an open fashion so as to allow local and regional adaptations and not inhibit the further development of dispute resolution. The Principles are suited for use in devising model rules, directives and legislation.

 

IV. Project

The findings of this project are the result of a team effort and enthusiasm at many levels. In 2009 the editors and authors began to develop the goal, subject and analytical framework of the project and agreed to meet in Bayreuth from 13 to 16 September 2012. There they were joined by a selected group of law-makers, professionals and academics, and discussed structures and principles of dispute resolution. The conference was generously sponsored by the Fritz Thyssen Foundation as well as the Bayreuth University Society and the Alumni Network of the Faculty of Law and Economics Bayreuth. The publication of the project results benefited greatly from support emanating from the respective academic homes of Hannes Unberath and Felix Steffek, namely the Chair for Civil and Procedural Law at the University of Bayreuth and the Max Planck Institute for Comparative and International Private Law in Hamburg.

The authors of the findings and conclusions are: Lin Adrian (University of Copenhagen), Aldo De Matteis (Italian Supreme Court of Appeal, subsequently ADR Center Rome), Giuseppe De Palo (Hamline University and ADR Center Rome), Frédérique Ferrand (University of Lyon), Hazel Genn (University College London), Reinhard Greger (Federal Court of Justice, subsequently University of Erlangen-Nuremberg), Jana Härtling (University of Bayreuth), Burkhard Hess (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law), Ulrike Janzen (Federal Ministry of Justice), Shusuke Kakiuchi (University of Tokyo), Lars Kirchhoff (European University Viadrina), Peter Mayr (University of Innsbruck), Isaak Meier (University of Zürich), Carrie Menkel-Meadow (University of California, Irvine, and Georgetown University), Kristin Nemeth (University of Innsbruck), Ashley Oleson (ADR Center Rome), Machteld Pel (Arnhem District Court, International Mediation Institute), Nils Pelzer (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law), Katherine Pleming (University College London), Shiva Riahi (University College London), Anneken Sperr (University of Bergen), Felix Steffek (MPI Hamburg), Hannes Unberath (University of Bayreuth) und Ivan Verougstraete (Belgian Court of Cassation).

 

V. Publication

The findings and conclusions were published as:
Regulating Dispute Resolution – ADR and Access to Justice at the Crossroads, edited by Felix Steffek and Hannes Unberath in cooperation with Hazel Genn, Reinhard Greger and Carrie Menkel-Meadow, Hart Publishing, Oxford 2013, 490 pages. (Flyer)

The book is dedicated to the memory of the project initiator Hannes Unberath who passed away in January 2013.

 

VI. Documents

 

1) Guide for Regulating Dispute Resolution: Principles

This document contains chapter 1 from the book Steffek/Unberath/Genn/Greger/Menkel-Meadow (eds.), Regulating Dispute Resolution, Oxford 2013

 

2) Guide for Regulating Dispute Resolution: Principles and Comments

This document contains chapter 2 from the book Steffek/Unberath/Genn/Greger/Menkel-Meadow (eds.), Regulating Dispute Resolution, Oxford 2013.

 

3) Guide for Regulating Dispute Resolution (GRDR) - Prinzipien für die Regelung der Konfliktlösung (German)

This document contains a German translation of the Principles (without the Comments) and is published in ZKM 2013, 136.

 

4) Prinzipiengeleitete Regelung der Konfliktlösung – Systematik, normative Grundlagen, Themen und Methode (German)

This document presents the principled approach to regulating dispute resolution in German and is published in ZKM 2013, 139.

 

 Regulating Dispute Resolution (Flyer)