Delivering Dispute Resolution
A Holistic Review of Models in England and Wales
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Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors.
Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change.
This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.
SETTING THE SCENE
2. Affecting Behaviour
3. People's Problems: Incidence, Types, Pathways and Objectives
5. Th e Courts: A Story of Costs and Funding Problems
7. Digitisation of the Courts
8. Helping People with Problems
TYPES OF DISPUTES
9. Consumer-Trader Disputes
10. Personal Injuries
11. Family Disputes
13. Complaints Against the State
14. Small Business Disputes
15. Employment Disputes
16. Reviewing the Pathways
18. A New Design for Dispute Resolution Architecture
Groundbreaking study analysing the techniques, mechanisms and architectures of the way disputes are processed in England and Wales and putting forward an imaginative and holistic strategic vision for reform.