Guide for Regulating Dispute Resolution (GRDR): Principles and Comments
Regulating Dispute Resolution – ADR and Access to Justice at the Crossroads, pp. 13-32, Felix Steffek and Hannes Unberath in cooperation with Hazel Genn, Reinhard Greger and Carrie Menkel-Meadow, eds., Hart Publishing, 2013
22 Pages Posted: 8 Oct 2013
Date Written: September 23, 2013
The Guide for Regulating Dispute Resolution (GRDR) recommends transnational structures and principles for the regulation of dispute resolution in civil and commercial matters. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombudsman procedure, arbitration and court adjudication. The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. In its development theory, empirical research and regulatory models from 12 jurisdictions in Europe and the wider world have been taken into account.
The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The recommendations are a first attempt to provide guidelines for a value-based and coherent regulation of dispute resolution. Since this is a Herculean task, the principles suggested are only a first starting point to inspire further development.
Acknowledgement: This is chapter 2 from the book Regulating Dispute Resolution (Oxford, Hart Publishing, 2013), ISBN: 9781849462587). This contribution is published in this Research Paper Series with the generous and exceptional permission of the rights owner, Hart Publishing.
Keywords: Regulation, principles, dispute resolution, negotiation, mediation, conciliation, expert opinion, ombudsman procedure, arbitration, adjudication, taxonomy, functional, comparative, normative framework, justice, regulatory models, legislature
Suggested Citation: Suggested Citation