Resolving Financial Disputes in the Context of Global Civil Justice Reform: Will Court Sponsored Mediation Overtake Litigation?ExpressO (2010)
AbstractIn recent years, many countries have increased their use of alternative mechanisms of dispute resolution to resolve a growing number of financial and commercial disputes. This trend has been supported by civil justice reforms taking place throughout the world, including those within the United Kingdom, Hong Kong, Australia, and Canada. Such reforms have aimed at encouraging cost effective, expeditious and amicable case handling within the civil justice system. This paper will analyze the increasing use of mediation to resolve financial and commercial disputes in countries undergoing civil justice reform, review the scope and nature of the civil justice reforms and examine lessons learned. Part 1 of the paper will examine the increasing use of mediation to resolve financial disputes; Part 2 will review global civil justice reform activities in four jurisdictions and examine how courts are being empowered to award adverse costs consequences for parties that unreasonably refuse to attempt mediation. Finally, Part 3 will examine the lessons learned from the process of implementing such reforms.
- Financial Dispute Resolution; Mediation; Civil Justice Reform
Publication DateNovember 10, 2010
Citation InformationShahla F. Ali. "Resolving Financial Disputes in the Context of Global Civil Justice Reform: Will Court Sponsored Mediation Overtake Litigation?" ExpressO (2010)
Available at: http://works.bepress.com/shahla_ali/7/