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Resolving Financial Disputes In The Context Of Global Civil Justice Reform: Will Court Sponsored Mediation Overtake Litigation?, Shahla F. Ali
Resolving Financial Disputes In The Context Of Global Civil Justice Reform: Will Court Sponsored Mediation Overtake Litigation?, Shahla F. Ali
Shahla F. Ali
In 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 …
The Future Of Financial Dispute Resolution In Hong Kong: Promoting A Comprehensive “Multi-Tier Dispute Resolution System” With Reference To The “Lehman Brothers Mediation Scheme”, Shahla F. Ali, John Koon Wang Kwok
The Future Of Financial Dispute Resolution In Hong Kong: Promoting A Comprehensive “Multi-Tier Dispute Resolution System” With Reference To The “Lehman Brothers Mediation Scheme”, Shahla F. Ali, John Koon Wang Kwok
Shahla F. Ali
Recent global financial dislocation has provided an impetus for examining effective avenues for the resolution of financial disputes. Hong Kong, like many financial centers throughout the world, has been directly affected by the collapse of Lehman Brothers. Its response to the collapse has included a creative mix of regulatory strengthening and government sponsored mediation and arbitration. Each of these alternative mechanisms of resolution provides a useful case study of the prospects of the use of ADR in response to financial crises. The efficacy of such interventions will be reviewed and options for the future development of a multi-tier dispute resolution …
Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level, Shahla F. Ali, William E. Davis, Joanna Lee
Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level, Shahla F. Ali, William E. Davis, Joanna Lee
Shahla F. Ali
The development of systems of multi-stakeholder dispute resolution is increasingly recognized as an objective of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision making do not exist. Yet localized decision making can take many forms – whether distributional, competitive or collaborative. This paper will examine, in particular the impact of collaborative systems of decision making on building social capital through access to justice in local communities. It …
Measuring Success In Devolved Collaboration, Shahla F. Ali
Measuring Success In Devolved Collaboration, Shahla F. Ali
Shahla F. Ali
In recent times, legislatures and domestic courts are increasingly requiring the use of “devolved collaboration” to manage and protect community resources. As a result, a growing emphasis on participatory mechanisms of resource-based decision making emphasizing “place-based” collaborative processes has emerged in many countries. Such processes involve stakeholders from the public and private sectors who consult together in order to arrive at shared goals regarding resource use and planning. Such collaborative processes arise from a growing dissatisfaction with top-down centralized “announce and defend” decision making policies. Yet, devolved collaboration is not without its challenges Scholars have identified that devolved collaborative processes …