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Hodges, Christopher; Stadler, Astrid --- "Resolving Mass Disputes" (Edward Elgar Publishing, 2013) [2013] ELECD 1187

Editor(s): Hodges, Christopher; Stadler, Astrid

Title: Resolving Mass Disputes

Sub-title: ADR and Settlement of Mass Claims

Topics: Law and Economics; Arbitration and Dispute Resolution; Comparative Law; Consumer Law; Law and Society

Publisher: Edward Elgar Publishing

Date of Publication: 31 October 2013

Number of pages: 336

ISBN (hard cover): 9781782546900

EISBN: 9781782546917

Abstract/Description:

The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach.

Taking as a starting-point the observation that mass litigation claims are a ‘nuisance’ for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend.

Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.