This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms.
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.
Table Of Contents:
1. Introduction PART A SETTING THE SCENE 2. Affecting Behaviour 3. People's Problems: Incidence, Types, Pathways and Objectives 4. Courts 5. Th e Courts: A Story of Costs and Funding Problems 6. ADR 7. Digitisation of the Courts 8. Helping People with Problems
PART B TYPES OF DISPUTES 9. Consumer-Trader Disputes 10. Personal Injuries 11. Family Disputes 12. Property 13. Complaints Against the State 14. Small Business Disputes 15. Employment Disputes
PART C CONCLUSIONS 16. Reviewing the Pathways 17. Recommendations 18. A New Design for Dispute Resolution Architecture